Sixth Avenue Railway Co. v. Gilbert Elevated Railroad
The Superior Court of New York City
Appeal by defendant from a judgment rendered at special term, June 22, 1877, after a trial of issues of fact by the court without a jury.
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Appeal by defendant from a judgment rendered at special term, June 22, 1877, after a trial of issues of fact by the court without a jury. The judgment appealed from enjoins and restrains the defendant from building upon the Sixth avenue, (in the city of New York), from Amity street to Fifty-ninth street, an elevated railway, in accordance with plans prescribed or approved by commissioners appointed under the “ rapid transit act ” (Laws of 1875, ch. 606). Upon the trial it appeared, among other things, that the plaintiff is a railroad corporation, created and organized under the general act of…
1Opinion of the Court
By the Court.—Sanford, J.
—The learned judge before whom this action was tried at special term, reached the conclusion that the defendant, The Gilbert Elevated Railway Company, had no authority, in law, to construct the elevated railway in Sixth avenue between Amity and Fifty-ninth streets, which it proposed to build pursuant to its charter, and under the provisions of the Rapid Transit Act (Laws of 1875, ch. 606), and for the reason that section 36 of that act, upon which the defendant’s right to proceed with such construction depended, was unconstitutional and void. He accordingly rendered…
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- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
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