Legal Opinion

City of New York v. Bryan

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1909Published

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Clarke, J. :

The agreed statement of facts sets up that the New York and Long Island Railroad Company was incorporated under the General Railroad Law of 1850* by the filing of its articles of incorporation in the office of the Secretary of State on July 30, 1887, and was, prior to January 1,1907, engaged in the construction of a railroad and tunnel in the city of New York, pursuant to the authority which it claimed was and is conferred upon it by virtue of its filing the said articles of incorporation and by the General Railroad Law of 1850, and the acts supplemental thereto and amendatory…

2Cases cited7 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
  3. Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
  4. Sixth Avenue Railroad Co. v. . KerrNew York Court of Appeals · 1878
  5. Matter of Brooklyn, Q.C. S.R.R. Co.New York Court of Appeals · 1906

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