Mayor of New York v. Second Avenue Railroad
New York Court of Appeals
This action was brought to recover the penalty of fifty dollars, imposed by an ordinance passed by the plaintiffs December 31, 1858, upon the proprietor of every passenger railroad car running in the city of Mew York below 125th street, who should not procure a license from the mayor for each car, and pay annually therefor the fee of fifty dollars.
Read the full summary
This action was brought to recover the penalty of fifty dollars, imposed by an ordinance passed by the plaintiffs December 31, 1858, upon the proprietor of every passenger railroad car running in the city of Mew York below 125th street, who should not procure a license from the mayor for each car, and pay annually therefor the fee of fifty dollars. All the facts alleged in the complaint are admitted by the answer; but the defendants sét up as a defense an agreement made between the plaintiffs and the defendants’ assignors) dated December 15,1852, whereby permission was granted to such…
1Opinion of the CourtBrown, J.
The counsel for the plaintiff, in his seventh point, contends that the common council of the city of Hew York had no power to grant to the defendants the railroad franchise referred to in the pleadings in this action, and, consequently, no right =to operate the road either by way of license or easement veste'd in the defendant. It seems to me that this ground is scarcely tenable. Certainly not as a reason for sustaining the plaintiffs’ action. Its object is to recover from the company a penalty for a breach of the corporation ordinance in omitting to pay for and accept what is termed a…
2Cited by63 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Vernor v. Secretary of StateMichigan Supreme Court · 1914
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Royall v. VirginiaSupreme Court of the United States · 1886
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
58 more not listed; retrieve them via the Exa API.