Mayor of New York v. Dry Dock, East Broadway & Battery Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Oourt in the first judicial department, made January 23,1888, which reversed a judgment in favor of defendant entered upon a verdict and granted a new trial. This action was brought to recover license fees provided for by chapter 512 of the Laws of 1860. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Oourt in the first judicial department, made January 23,1888, which reversed a judgment in favor of defendant entered upon a verdict and granted a new trial. This action was brought to recover license fees provided for by chapter 512 of the Laws of 1860. The facts are sufficiently stated in the opinion. Where the grant authorizing the construction of the railroad does not reserve license fees, and contains no provision on the subject, the common council has no power to add to the obligations of the contract created by the granting and…
1Opinion of the CourtDanforth, J.
The defendant, under the act of 1860, chapter 512 (passed April 17,1860), was authorized to operate and use a railroad upon certain streets in the city of Hew York,, -and among others Grand street east of East Broadway, subject, among other things, “ to the payment to the city of the same .license fee annually for each car run thereon as is now ” (April 17, 1860) “paidby other city railroads in said city.” The 'franchise was accepted and the defendant, under the proof concerning license fees paid by other then existing railroads, became liable to pay fifty dollars for each two-horse car and…
2Cases cited1 opinion
- Mayor of New York v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1884
3Cited by4 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Flower v. StateNew York Court of Claims · 1909
- City of New York v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904