Welde v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of January, 1897, upon a decision -of the court rendered after a trial at the New York Special Term, and also from an order made at the New York Special Term and entered in said clerk’s office on the 3d day of December, 1896, denying the said defendants’…
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Appeal by the defendants, The New York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of January, 1897, upon a decision -of the court rendered after a trial at the New York Special Term, and also from an order made at the New York Special Term and entered in said clerk’s office on the 3d day of December, 1896, denying the said defendants’ motion for a reargument or retrial made on the - ground that by subsequent legislative enactment and acts done in obedience…
1Opinion of the Court
Rumsey, J.:.In the year 1831 the New York and Harlem Railroad Company was chartered with power to build a railroad commencing at Twenty-third street in the city of New York, and extending northerly. Before that time, and pursuant to the law of 1807 (Chap. 115), as amended in 1813 (2 R. L. [1813] 408, § 177), Fourth avenue ■had been laid out on Manhattan Island as one of the streets of the city of New York, although it was not opened as a street for many years afterwards. As located and built, the track of the Harlem railroad extended along Fourth avenue, occupying a space about twenty-four…
2Cases cited3 opinions
- Taylor v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Goldschmid v. The Mayor of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Keene v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894
3Cited by5 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Pape v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Sander v. New York & H. R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Welde v. New York & Harlem RailroadNew York Supreme Court · 1899
- Birrell v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899