City of Rochester v. . Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. This action is brought to recover, of the defendant the expense of paving between the tracks, the rails of the tracks and two feet outside of the tracks of the defendant’s railway, on North St. Paul street and Park avenue in the city of Rochester. The findings of fact were stipulated by the parties. On or about May 31st, 1862, the…
1Opinion of the Court
Cullen, Ch. J.
I concur in the view of Judge Gray that this defendant cannot in any way be foreclosed by our decision in the action of Conway v. City of Rochester (157 N. Y. 33) (an action to which it was not a party), from asserting that the immunity from contributions to the expense of new pavements in the city of Rochester, enacted by chapter 34 of the Laws of 1869, was a contract right of which it could not be deprived by subsequent legislation. On the merits, however, I am of opinion, first, that the statute mentioned did not constitute a contract between the state and the railroad…
2Cases cited22 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Shields v. OhioSupreme Court of the United States · 1877
- Tucker v. FergusonSupreme Court of the United States · 1875
- City of Worcester v. Worcester Consolidated Street Railway Co.Supreme Court of the United States · 1905
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
37 more not listed; retrieve them via the Exa API.