De Grauw v. Long Island Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary, E. S. De Grauw, us sole executrix and sole devisee under the last will and testament of Aaron A. De Grauw, deceased, from an interlocutory judgment ;of the Supreme Court in favor of the defendants, entered in the office of the clerk' of the county of Queens on the 15th day of May, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term sustaining the defendants’ demurrer to the.complaint. ' The action was…
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Appeal by the plaintiff, Mary, E. S. De Grauw, us sole executrix and sole devisee under the last will and testament of Aaron A. De Grauw, deceased, from an interlocutory judgment ;of the Supreme Court in favor of the defendants, entered in the office of the clerk' of the county of Queens on the 15th day of May, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term sustaining the defendants’ demurrer to the.complaint. ' The action was brought by Aaron A. De Grauw, who was the owner in fee of a portion of a public highway in the county of Queens, upon…
1Opinion of the Court
Hatch, J.:
The parties to this action have - narrowed the issues to a single question. The plaintiff has formulated this question in plain terms: Can street surface railway companies, incorporated under the General Railroad Law of the State (Laws of 1890, chap. 565), operate ears designed and intended exclusively for carrying express matter, freight or property, and used exclusively for such purpose? If this question be answered in the affirmative, the judgment must be affirmed ; if in the negative, it must be reversed. The.court below returned an affirmative answer, and we have no doubt of…
2Cases cited9 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- People's Rapid Transit Co. v. DashNew York Court of Appeals · 1890
- In re Proceedings by the Washington Street Asylum & Park RailroadNew York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Holmes Electric Protective Co. v. . WilliamsNew York Court of Appeals · 1920
- Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- Stettine v. County of SuffolkNew York Court of Appeals · 1985
12 more not listed; retrieve them via the Exa API.