Trojan Railway Co. v. City of Troy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Trojan Railway Company, from a judgment of the Supreme Court in favo'r of the defendants, entered in the office of the clerk of the county of Rensselaer on the 13th day of September, 1907, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, sustaining the defendants’ demurrers to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action, and dismissing said complaint,…
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Appeal by the plaintiff, the Trojan Railway Company, from a judgment of the Supreme Court in favo'r of the defendants, entered in the office of the clerk of the county of Rensselaer on the 13th day of September, 1907, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, sustaining the defendants’ demurrers to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action, and dismissing said complaint, with notice of an intention to bring up for review an order entered in said clerk’s office on the 6th day of August,…
1Dissent
Chester, J. (dissenting):
The only question brought up for our consideration is whether an individual can lawfully bid in a franchise to operate a surface railway in the streets of the city. At the time of making his bid in this case .Powers stated that it was made by him as an individual, and he did not claim to represent any corporation authorized by law to construct and operate street surface railways.
The statute under which the franchise was put up for sale is section 19 of chapter 182 of the Laws of 1898 (as aind. by Laws of 1906, chap. 52), known as the Act for the Government of Cities…
2Cases cited2 opinions
- Kent v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- Village of Phœnix v. GannonAppellate Division of the Supreme Court of the State of New York · 1908