Buffalo East Side Railroad v. Buffalo Street Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 20, 1876, which sustained a demurrer to plaintiff’s complaint. The nature of the action and the facts alleged in the complaint are substantially set forth in the opinion. The legislature has power to act upon the subject of railway fares; nothing but a binding contract can preclude such action.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 20, 1876, which sustained a demurrer to plaintiff’s complaint. The nature of the action and the facts alleged in the complaint are substantially set forth in the opinion. The legislature has power to act upon the subject of railway fares; nothing but a binding contract can preclude such action. (Chicago, B. & Q. R. R. Co. v. Iowa, 94 U. S. 155.) A contract, whether between natural.persons or corporate bodies, valid at the time it was made; continues valid and binding,…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff and defendant are respectively incorporated street railroad companies, located in the city of Buffalo, and the action was brought upon a contract to recover a sum stipulated to be paid, as liquidated damages, upon a breach thereof by either party, that should reduce its rates of fare below the prices authorized to be charged under the statutes in force on May 3, 1872, each party thereby agreeing to make no change therein, without the consent of the other. This contract was claimed to have been made by authority of chapter 474 of the Laws of 1872.
Subsequent to this…
2Cases cited4 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Union Pacific Railroad v. United StatesSupreme Court of the United States · 1878
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
3Cited by22 opinions
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
- White v. Farmers' Highline Canal & Reservoir Co.Supreme Court of Colorado · 1896
- Regan v. FosdickAppellate Terms of the Supreme Court of New York · 1897
- Gail v. GailAppellate Division of the Supreme Court of the State of New York · 1908
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