Village of Phoenix v. Gannon
New York Supreme Court
This action was tried by the court, a jury having been waived. The facts were agreed upon. The action was brought to recover upon a bond for $1,000, executed by the defendants Gannon and Oonnette as principals and The United States Fidelity and Guaranty Company of Baltimore, Md., as surety, to The Village of Phoenix, plaintiff, conditioned among other things that a street surface railway through and along certain streets in the village of Phoenix, the franchise for which had…
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This action was tried by the court, a jury having been waived. The facts were agreed upon. The action was brought to recover upon a bond for $1,000, executed by the defendants Gannon and Oonnette as principals and The United States Fidelity and Guaranty Company of Baltimore, Md., as surety, to The Village of Phoenix, plaintiff, conditioned among other things that a street surface railway through and along certain streets in the village of Phoenix, the franchise for which had been granted by the trustees of the village December 27, 1902, to one Adolph G. Manz and assigned by him to Gannon and…
1Opinion of the CourtDe Angelis, J.
The plaintiff cites Kellis on Street Surface Railroads, section 2, as authority for the proposition that, in the absence of constitutional prohibition, the Legislature may give to individuals and their assigns the right to construct and operate a street surface railroad. This author cites Matter of Kerr, 42 Barb. 119; People v. Kerr, 25 How. Pr. 258; New York & Harlem R. R. Co. v. Forty-second St. R. R. Co., 50 Barb. 809, as supporting the proposition. I think the present statute law on the subject may fairly be said to confine the operation of a street surface railroad to a corporation…
2Cases cited4 opinions
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
- In re KerrNew York Supreme Court · 1864
- People v. KerrNew York Court of Appeals · 1863