Conway v. . City of Rochester
New York Court of Appeals
Appeal, by permission, from an order of the Appellate .Division of the Supreme Court in the fourth judicial depart'ment, entered January 6, 1898, affirming an order of Special Term vacating a temporary injunction. The nature of the proceeding, the questions certified and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate .Division of the Supreme Court in the fourth judicial depart'ment, entered January 6, 1898, affirming an order of Special Term vacating a temporary injunction. The nature of the proceeding, the questions certified and the facts, so far as material, are stated in the opinion. Although no question is certified as to the right of the plaintiff to maintain "this action, it may be stated that he can maintain the same as a taxpayer, although the improvement is local and the expense thereof is to be borne by local assessment. (Code Civ. Pro. §…
1Opinion of the Court
Parker, Ch. J.
The common council of the city of Rochester determined to pave, with asphalt, one of its streets that was in part occupied by the tracks of the Rochester Railway Com pan v, over which its cars were operated. Before the ordinance was adopted to pave the street the officers of the railway Company were waited upon with the view of ascertaining whether the company would assist in paving- the street. After consideration of the question the officers decided that the company could not be compelled to contribute towards the expenses of repaving the street and so advised the municipal…
2Cases cited1 opinion
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
3Cited by31 opinions
- Rochester Railway Co. v. City of RochesterSupreme Court of the United States · 1907
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
- Doyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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