New York Court of Appeals October 13, 1936 (Matter of Bd. of Transportation of New York)

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Crane, Ch. J.

Pursuant to authority conferred by section 43 of the Rapid Transit Act (L. 1891, ch. 4, as amd.; L. 1915, ch. 604, § 2; L. 1932, ch. 390, § 3), the Board of Transportation, after due publication of the notice of intention to condemn, applied to the Supreme Court for an order providing for the determination, by the court without a jury, of the compensation which should justly be