City of New York v. Hudson & Manhattan Railroad
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 June 24, 1919, in favor of defendant upon an order unanimously dismissing the plaintiff’s claim upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy 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 June 24, 1919, in favor of defendant upon an order unanimously dismissing the plaintiff’s claim upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Plaintiff retained title to the fee of the streets in trust for ordinary street uses. Defendant’s easement to construct and maintain exits from its stations.is subordinate to plaintiff’s title to…
1Opinion of the CourtPound, J.
Defendant received from the board of rapid transit railroad commissioners of the city of New York, pursuant to authority delegated to it by the state, a certificate to construct and operate its subway under certain streets, including Sixth avenue; also in connection therewith “ to construct and maintain exits from the tunnel at the surface of * * * Fourteenth Street near the westerly side of Sixth Avenue, Twenty-third Street near the westerly side of Sixth Avenue, * * * provided that the same shall be constructed in substantial accordance with the drawings or plans submitted to the Board by…
2Cases cited6 opinions
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Matter of Petition of DeeringNew York Court of Appeals · 1883
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Village of Carthage v. Central New York Telephone & Telegraph Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- City of New York v. New York Telephone Co.New York Court of Appeals · 1938
- Commonwealth v. Means & Russell Iron Co.Court of Appeals of Kentucky (pre-1976) · 1945
- New York City Tunnel Authority v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1945
- People Ex Rel. City of New York v. Belt Line Railway Corp.New York Court of Appeals · 1920
4 more not listed; retrieve them via the Exa API.