Interborough Rapid Transit Co. v. Gallagher

The affidavits and documents of various kinds read upon the motion are most voluminous, but the material and important facts are simple, and for the most part undisputed. The plaintiff is the owner of a franchise to maintain and operate an elevated street railway over certain streets and avenues in the city of Hew York, including a public place known as Chatham Square. The plaintiff’s structure at this place is upheld by iron columns, resting in the roadway, each of which is sustained by a masonry foundation about seven feet in depth, imbedded in and beneath the surface of the street. The…