Legal Opinion
Matter of City of New York
New York Court of Appeals
Decided July 3, 1934PublishedCited by 25 opinions
1Opinion of the Court
Pound, Ch. J.
The Forty-second street spur of the Third Avenue Elevated Railroad, extending from Third avenue to the Grand Central Railway Station, has been taken down by compulsion of law. Protracted litigation has ensued over the amount of money the company should receive for such taking. The mandatory law is chapter 611 of the Laws of 1919, as amended by chapter 635 of the Laws of 1923. Pursuant to its provisions the Public Service Commission determined that the spur was no longer necessary or convenient for the public service and that it constituted an impediment and obstruction to the…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- In re the City of New YorkNew York Supreme Court · 1926
3Cited by25 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- Roberts v. New York CitySupreme Court of the United States · 1935
- In Re the Port Authority Trans-Hudson Corp.New York Court of Appeals · 1967
- United States v. Brooklyn Union Gas Co.Court of Appeals for the Second Circuit · 1948
- In re the City of New YorkNew York Court of Appeals · 1952
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