ROBERTS v. NEW YORK CITY

No. 546.

295 U.S. 264 (1935)

ROBERTS, RECEIVER, ET AL. v. NEW YORK CITY ET AL.

Supreme Court of United States.

Decided April 29, 1935.


Attorney(s) appearing for the Case

Mr. Charles E. Hughes, Jr., with whom Messrs. E. Myron Bull, Carl M. Owen, J. Osgood Nichols, Harold C. McCollom, Martin A. Schenck, Charles Franklin, and George Welwood Murray were on the brief, for petitioners.

Mr. Paxton Blair, with whom Mr. Joseph F. Mulqueen, Jr., was on the brief, for the City of New York, respondent.

Mr. Wm. D. Mitchell, with whom Messrs. Albert S. Wright and Ellwood Thomas were on the brief, for Robert Walton Goelet et al., respondents.

Mr. Wm. H. Page, with whom Mr. Richard M. Page was on the brief, for Bowman Biltmore Hotels Corp. et al., respondents.

Messrs. Frank C. Laughlin and Spotswood D. Bowers submitted for Corn Exchange Bank, respondent.


MR. JUSTICE CARDOZO delivered the opinion of the Court.

The 42nd Street spur of the elevated railroad system in the City of New York has been condemned for the purpose of demolition in proceedings duly instituted by officials of the city government. The fee owner of the spur, a receiver, a lessee, and trustees under mortgages are dissatisfied with the award of damages. The question is whether property interests have been...

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