Mayor, Aldermen and Commonalty v. Ninth Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the defendant,, entered in the office of the clerk of the county of New York on the 3d day of February, 1908, upon the report of a referee dismissing the complaint herein.
1Opinion of the Court
Ingraham, J.:
This action was to recover for the expense of repaving certain streets in the city of New York occupied by the defendant’s railroad. The case was argued with the case of Mayor v. Broadway & 7th Ave. R. R. Co., Paving Case No. 3 (130 App. Div. 834), decided herewith. The defendant in this ease -acquired a franchise by . virtue of a resolution of the common council of the city of New York passed on the 28th day of December, 1853, which provided that the said grantees (the defendant’s predecessors in title) “ shall keep the space between the tracks and the space for two feet each…
2Cases cited1 opinion
- Mayor, Aldermen and Commonalty v. Broadway & Seventh Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Mayor v. Ninth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1913