New York & Harlem Railroad v. Mayor of New York
New York Court of Common Pleas
At Special Term, July 30, 1858. Motion for injunction to restrain tbe enforcement of an ordinance adopted by tbe corporation of tbe city, prohibiting tbe use of steam engines, or locomotives, upon the track of the plaintiffs on Fourth avenue, below Forty-second street. The application was founded upon a complaint duly verified, the substance of which sufficiently appears in the opinion.
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At Special Term, July 30, 1858. Motion for injunction to restrain tbe enforcement of an ordinance adopted by tbe corporation of tbe city, prohibiting tbe use of steam engines, or locomotives, upon the track of the plaintiffs on Fourth avenue, below Forty-second street. The application was founded upon a complaint duly verified, the substance of which sufficiently appears in the opinion. The agreement and ordinance, under which the plaintiffs were permitted originally to lay their rail track upon the streets of the city, are as follows: “ Articles of agreement made this ninth day of January,…
1Opinion of the Court
Hilton, J.-
— -The plaintiffs are a railroad company, incorporated by an act of the legislature, passed April 25th, 1831 (Laws 1831, p. 323), with power to construct a railroad, or way, from Twenty-third street to the Harlem river, and “to transport, take, md carry property and persons upon the same, by the power and force of steam, of animals, or any mechanical or other power, or of any combination of them, which the said company may choose to employ.” The act contains eighteen sections, most of which are devoted to the manner in which the capital stock shall be subscribed, and the right of…
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- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
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- People ex rel. Luther v. Onondaga C. P.New York Supreme Court · 1837
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- West v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Illinois & St. Louis Railroad & Canal Co. v. St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1872
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