Mayor of New York v. Twenty-Third Street Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 24, 1888, which denied a motion to set aside an interlocutory judgment herein and for a new trial, made pursuant to section 1001 of the Code of Civil Procedure-..
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 24, 1888, which denied a motion to set aside an interlocutory judgment herein and for a new trial, made pursuant to section 1001 of the Code of Civil Procedure-.. This action was brought to compel defendant, as lessee of the Bleecker Street and Fulton Ferry Railroad Company, to account and to pay over to the city one per cent of its gross receipts from the operation of the leased road. The interlocutory judgment adjudged plaintiff to be entitled to the relief sought and directed an…
1Opinion of the CourtEarl, J.
By chapter 514 of the Laws of 1860, Steven R. Roe and others were authorized and empowered to “ lay, construct, operate and use a railroad with a double or single track, as hereinafter provided, and to convey passengers thereon for compensation through, upon and along ” the streets mentioned. Some time prior to the 12th day of December, 1864, the Bleecker Street and Fulton Ferry Railroad Company was organized under the general railroad act of 1850, and the several acts amendatory thereof; and the route of its railroad, as set forth in its articles of association, was the same as that over…
2Cases cited7 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Farrington v. TennesseeSupreme Court of the United States · 1878
- Railroad Co. v. MaineSupreme Court of the United States · 1878
- Tomlinson v. JessupSupreme Court of the United States · 1873
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
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3Cited by39 opinions
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
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