City of New York v. . Whitridge
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1919, unanimously affirming a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1919, unanimously affirming a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The financial responsibility for restoring the pavement after the completion of repairs to the sewer rested upon defendant. (L. 1884, ch. 252, §, 9; Cons. Laws, ch. 49, § 178; Conway v. City of Rochester,…
1Opinion of the CourtPound, J.
The only question argued on this appeal is whether the city, after having removed a street pavement in order to make a sewer improvement, may under the provisions of section 178 of the Railroad Law (Cons. Laws, ch. 49) require the defendant street railroad to restore the pavement between its tracks and for a space of two feet outside thereof.
The language of the statute is broad:
Every street surface railroad corporation, so long as it shall continue to use or maintain any of its tracks in any street, avenue or public place in any city or village, shall have and keep in permanent repair that…
2Cases cited2 opinions
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
3Cited by5 opinions
- McCarthy v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Chicago City Railway Co. v. City of ChicagoIllinois Supreme Court · 1926
- D'Anna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Burke v. City of New YorkNew York Court of Appeals · 1956
- Chicago City Railway Co. v. City of ChicagoAppellate Court of Illinois · 1925