Bohmer v. Haffen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ferdinand Bohmer, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of New York on the 15th day of March, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing his complaint.
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Appeal by the plaintiff, Ferdinand Bohmer, Jr., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of New York on the 15th day of March, 1898, upon the decision of the court rendered after a trial at the New York Special Term dismissing his complaint. The action was a taxpayer’s action to have adjudged null and void certain resolutions of the common council of the city of New York purporting to grant to the defendant railway company the right to construct and operate its railroad upon certain streets in the city of New York, to…
1Opinion of the Court
Van Brunt, P. J.:
On the 2d of May, 1863, the Legislature passed an act, entitled “ An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania,” being chapter 361 of the Laws of 1863. By the first eight sections of said act was granted to the persons named therein and their associates the right to lay railroad tracks upon certain streets and avenues in the towns of West Farms and Morrisania. By the 9th section thereof it was provided that the corporation formed under the act might lay railway tracks to the villages of West Farms, Westchester and Mt.…
2Cited by5 opinions
- People ex rel. Brooklyn, Queens County & Suburban Railroad v. SteersAppellate Division of the Supreme Court of the State of New York · 1913
- City of New York v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1923
- People ex rel. Brooklyn, Queens County & Suburban Railroad v. SteersNew York Supreme Court · 1913
- Delaware, Lackawanna & Western Railroad v. Syracuse, Lakeside & Baldwinsville RailroadNew York Supreme Court · 1899
- Smith v. City of BuffaloNew York Supreme Court · 1906