People ex rel. City of New York v. Belt Line Railway Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Belt Line Railway Corporation, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of Februaiy, 1920, granting relator’s motion for a peremptory writ of mandamus. The opinion of the Special Term is reported sub nom. Matter of City of New York v. Belt Line R. Corp. (110 Mise. Rep. 347).
1Opinion of the Court
Clarke, P. J.:
The defendant’s tracks on Fifty-ninth street, laid upon the authorized grade of the street and built upon a permanent underground structure of steel and concrete, were established and have been maintained ever since 1897, at the grade then fixed by the then city authorities under express delegated authority from the State. The Board of Railroad Commissioners on application issued its certificate authorizing the conversion' of the company’s railroad from a horse railroad to an electric railroad operated by an underground current of electricity. Pursuant to the provisions of said…
2Cases cited4 opinions
- People ex rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction CoAppellate Division of the Supreme Court of the State of New York · 1906
- City of New York v. Hudson & Manhattan RailroadNew York Court of Appeals · 1920
- People Ex Rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction Co.New York Court of Appeals · 1906
- City of New York v. Hudson & Manhattan RailroadAppellate Division of the Supreme Court of the State of New York · 1919