Mayor of New York v. Broadway & Seventh Avenue Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover an annual license fee for each car run by defendant upon its road in the city of New York from 1864 to 1874, both inclusive. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover an annual license fee for each car run by defendant upon its road in the city of New York from 1864 to 1874, both inclusive. The facts sufficiently appear in the opinion. The ordinance passed December 31, 1858, requiring all horse cars to pay a license fee was ultra vires and void. (17 Hun, 242; Mayor v. Second Ave. R. R. Co., 32 N. Y. 261, 272;…
1Opinion of the CourtMiller, J.
The recovery of the plaintiff was had for license fees- for horse cars annually run upon the railroad of the defendant. These license fees were authorized by chapter 513 of the Laws of 1860. That act provided for the construction of a railroad in Seventh avenue and in certain other streets and avenues mentioned, in the city of New York, and by section 2 it is provided as follows: “ Section 2. Said railroad shall be constructed on the more approved plan for the construction of city railroads, and shall be run as often as the convenience of passengers may require, and shall be subject to such…
2Cases cited9 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- Hartford Bridge Co. v. Union Ferry Co.Supreme Court of Connecticut · 1860
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3Cited by9 opinions
- State v. BiddleDelaware Court of Oyer and Terminer · 1950
- State v. BiddleSuperior Court of Delaware · 1950
- Chard v. . HoltNew York Court of Appeals · 1892
- Mayor of New York v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- City of New York v. Third Avenue RailroadNew York Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.