Suburban Rapid Transit Co. v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 17, 1891, which affirmed a judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 17, 1891, which affirmed a judgment in favor of defendants entered upon an order of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The General Term disregarded the consents of public authorities and property-holders, consenting to plaintiffs railways, and attributed no significance to the proceedings of the rapid transit commissioners, in 1880, locating plaintiffs routes.…
1Opinion of the CourtGray, J.
The allegations of the complaint in this action, are not in dispute, with respect to their recital of facts, of" statutes and of proceedings, and, by the demurrer interposed" by the defendants, a question of law is presented, which is of" considerable importance and is not free from difficulty.
The plaintiff was organized in 1880, as a railroad corporation, under the provisions of chapter 606 of the Laws of 1875,. usually referred to as the “ Rapid Transit Act.” By the-resplution of the rapid transit commissioners, as embodied in-the-articles of association, certain routes were determined…
2Cases cited2 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Mowry v. . SanbornNew York Court of Appeals · 1877
3Cited by35 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- Grand Trunk Western Railway Co. v. City of South BendSupreme Court of the United States · 1913
- City of New York v. . BryanNew York Court of Appeals · 1909
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