Mayor, Aldermen and Commonalty v. Broadway & Seventh Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Mayor, Aldermen and Commonalty of the City of Ne.w York, from a judgment of, the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of February, 1908, upon the report of a referee dismissing the complaint herein.
1Opinion of the Court
Ingraham, J.:
In this case the plaintiff seeks to hold the defendant liable for the cost of repaving certain streets in the city of New York occupied by the defendant’s tracks. John Kerr and others acquired the right to use certain streets in the city .of New York for a street railroad under the provisions of chapter 513 of the Laws of 1860, and by an agreement with the individuals named in that act the rights thereby acquired were sold, and transferred to the defendant; and by subsequent agreements and leases, the defendant acquired the right to construct and operate its railroad in several…
2Cases cited1 opinion
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
3Cited by3 opinions
- City of New York v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- City of New York v. Dry Dock, East Broadway & Battery RailroadNew York Supreme Court · 1927
- Mayor, Aldermen and Commonalty v. Ninth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1909