People Ex Rel. Second Avenue Railroad v. Board of Commissioners of the Department of Public Parks
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made November 30, 1883, which affirmed the proceedings of defendant set forth in the opinion. The board of commissioners of the department of public parks of the city of New York had no jurisdiction in the premises.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made November 30, 1883, which affirmed the proceedings of defendant set forth in the opinion. The board of commissioners of the department of public parks of the city of New York had no jurisdiction in the premises. (Maxmillian v. Mayor, 62 N. Y. 160; Ham v. Mayor, 70 id. 463.) The consent of the department of public parks to the location and erection of a bridge across the Harlem was an unlawful assumption of control over a navigable river, which control is exclusively in the State. (3 Kent, 412…
1Opinion of the CourtRapallo, J.
This was a common-law certiorari, sued out by the Second Avenue Railroad Company, for the purpose of reviewing the proceedings of the respondents in consenting to the construction by the Suburban Rapid Transit Company of an elevated railroad bridge across the Harlem river near the end of Second avenue, and entering into a contract with that company for the building of the bridge at its own expense under certain regulations and conditions prescribed in the contract.
The Second Avenue Railroad Company claims the right to intervene and review the proceedings on the ground that, by chapter 373 of…
2Cases cited2 opinions
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
- Jones v. . the PeopleNew York Court of Appeals · 1879
3Cited by33 opinions
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- Quinchard v. Board of TrusteesCalifornia Supreme Court · 1896
- Matter of Neddo v. SchradeNew York Court of Appeals · 1936
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
28 more not listed; retrieve them via the Exa API.