City of New York v. Thirty-Fourth Street Crosstown Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New 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 15th day of July, 1909, upon a verdict directed by the court.
1Opinion of the Court
Miller, J.:
This action is brought under section 95 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 676), to recover five per cent of the gross receipts of the defendant for the years 1903, 1904 and 1905, less the sum of $23,555.44, which the plaintiff admits has been. paid. .The defendant was formed by a consolidation of two. street surface railroad corporations organized under chapter 252 of the Laws of 1884. It filed with the .comptroller of the city reports for the years 1903, 1904 and. 1905, containing a statement of gross receipts and stating that it was…
2Cases cited3 opinions
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Heerwagen v. Crosstown Street Railway Co.New York Court of Appeals · 1904
- City of New York v. Sixth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Buckeye State Building & Loan Co. v. SchmidtOhio Supreme Court · 1936
- Opn. No., New York Attorney General Reports1982