Wilson v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
■ Submission of a controversy' upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The defendant is the successor of “ The Albany Railway,” a corporation which was duly incorporated on September 14,1863, under the provisions of the General Railroad Act of 1850 (Chap. 140), and various amendments thereto, for the purpose of operating a street railway in the streets of the city of Albany and elsewhere in the county of Albany.
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■ Submission of a controversy' upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The defendant is the successor of “ The Albany Railway,” a corporation which was duly incorporated on September 14,1863, under the provisions of the General Railroad Act of 1850 (Chap. 140), and various amendments thereto, for the purpose of operating a street railway in the streets of the city of Albany and elsewhere in the county of Albany. The Albany Railway accepted its franchise and constructed its railway and operated the same for many years prior to 1895. On…
1Opinion of the CourtParker, P. J.
The decision in Beardsley v. N. Y., L. E. & W. R. R. Co. (162 N. Y. 230), which follows the decision of the Federal court in Lake Shore & M. S. Ry. Co. v. Smith (173 U. S. 684), seems to be a clear authority for the proposition that the. statute of 1895, above referred to, operates, to deprive the defendant of- its property without due process of law. In those cases the railroad companies were required to issue mileage books at a reduced rate of fare to those willing to purchase a designated number of miles at one time. In this case the defendant is required to carry a certain specified class…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
- Beardsley v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1900
- Bronk v. BarckleyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Brooklyn & Richmond Ferry Co. v. United StatesCourt of Appeals for the Second Circuit · 1948
- State v. St. Louis S. W. Ry. Co. of TexasCourt of Appeals of Texas · 1917
- State v. SuttonSupreme Court of New Jersey · 1912
- Gillespie v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902