Legal Opinion

Matter of Walsh v. Laguardia

New York Court of Appeals

Decided January 8, 1936PublishedCited by 55 opinions

1Opinion of the Court

Crane, Ch. J.

In Blanshard v. City of New York (262 N. Y. 5) this court decided that unless a consent be granted by the Board of Estimate and Apportionment in accordance with section 74 of the charter (Laws of 1901, ch. 466, as amd.), a bus line has no right in the city streets; it is a trespasser, and any person may bring an action as a taxpayer to enjoin its operation.

The petitioner in this case alleges that there are about twenty-seven bus routes operated through the streets and avenues of the county of Queens, city of New York, without having obtained any franchises or rights in accordance…

2Cases cited11 opinions

  1. State ex rel. Star Publishing Co. v. Associated PressSupreme Court of Missouri · 1901
  2. Blanshard v. City of New YorkNew York Court of Appeals · 1933
  3. State ex rel. Hawes v. BrewerWashington Supreme Court · 1905
  4. International Railway Co. v. SchwabAppellate Division of the Supreme Court of the State of New York · 1922
  5. People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892

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3Cited by55 opinions

  1. Alliance to End Chickens as Kaporos v. New York City Police Dept.New York Court of Appeals · 2018
  2. Sullivan v. SiebertAppellate Division of the Supreme Court of the State of New York · 1979
  3. the Matter of County of Chemung, St. Lawrence, Chautauqua, Jefferson, Oneida, Genesee, Cayuga, Monroe v. Nirav R. ShahNew York Court of Appeals · 2016
  4. Community Action Against Lead Poisoning v. LyonsAppellate Division of the Supreme Court of the State of New York · 1974
  5. Perazzo v. LindsayAppellate Division of the Supreme Court of the State of New York · 1968

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