Sixth Avenue Railroad v. Kerr
New York Supreme Court
OTION tó dissolve an injunction. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtIngraham, J.
The plaintiffs obtained from the common council permission to lay a railroad through certain streets in the city of Hew York, which grant was confirmed by the legislature in 1854.
The defendants, by virtue -of an act of the legislature, passed April 17, 1860, (Laws of 1860, p. 1042,) obtained similar privileges. By the third section of that act it was provided that'if the grantees should “deem it necessary or proper to run uponj intersect or use any portion of other railroad tracks now laid upon any of the streets or avenues above named, they are authorized to run upon, intersect and use the…
2Cases cited1 opinion
- People v. KerrNew York Supreme Court · 1862
3Cited by9 opinions
- Cleveland v. City Council of AugustaSupreme Court of Georgia · 1897
- Pacific Railway Co. v. WadeCalifornia Supreme Court · 1891
- Boston & Albany Railroad v. President & Trustees of GreenbushNew York Supreme Court · 1872
- Board of Liquidation of the City Debt v. City of New OrleansSupreme Court of Louisiana · 1880
- Swett v. City of TroyNew York Supreme Court · 1872
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