City of Brooklyn v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial district, reversing judgment entered upon order at Circuit dismissing plaintiff’s complaint and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the second judicial district, reversing judgment entered upon order at Circuit dismissing plaintiff’s complaint and granting a new trial. This action is brought upon a bond made and delivered by-defendant to plaintiff, upon obtaining from the latter permission to lay railroad tracks upon sixteen different streets of that city, and as a part consideration for such franchise, wherein, among other things, it covenanted and agreed to keep the pavement of such streets “in thorough repair within the tracks, and three feet on each side…
1Opinion of the CourtFolger, J.
The bohd of the defendant has in it the condition that the pavement is to be kept in thorough repair by it, over a certain well specified space, and with a certain well specified material. Thus is provided for, the object the manner the extent and the material of the repair. It is quite definite, and prescribes in so exact terms the obligation of the defendant as to present no difficulty to the plaintiff or to the defendant, in showing at any time whether or not the condition has been performed. It must be quite susceptible of proof at any time that the state of repair in which the pavement…
2Cases cited6 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Blanchard v. ElyNew York Supreme Court · 1839
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- Armstrong v. PercyNew York Supreme Court · 1830
- Dorwin v. PotterNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
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