City of New York v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the- New, York City Railway Company,' from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of June, 1909, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan, in favor of the plaintiff, entered on the 18th day of November, 1907, for the sum of $272. '
1Opinion of the Court
Laughlin, J.:
This appeal presents the "samé question of law as was presented by the appeal taken by the same defendant in action No. 1, argued and decided herewith. (City of New York v. New York City R. Co., No. 1, 138 App. Div. 131.) This action is to recover penalties for the operation of five cars under the Eighth Avenue Railroad Company’s franchise, which was conferred by a grant reserving to the common council the right to -fix a license fee for each car and obligating incorporators of the railway company to pay the same. 3Yith respect to the operation by this defendant of cars under the…
2Cases cited2 opinions
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910