In re the Schenectady Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtVan Kirk, P. J.
This is a proceeding, not against the State, but against an officer thereof, to constrain him to perform an alleged duty imposed upon him by statute. (Town of Easton v. Canal Board, 216 N. Y. 486, 489.) The proceeding may not be maintained unless a duty rests upon the Superintendent of Public Works to maintain and keep in repair the piers of the Scotia bridge.
The petitioner’s main propositions are, that it has a franchise right to the use of these piers; that such right is perpetual; that it is the duty of the State and of the Superintendent of Public *14Works to maintain and keep in repair…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- People v. . O'BrienNew York Court of Appeals · 1888
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Herman v. . RobertsNew York Court of Appeals · 1890
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3Cited by6 opinions
- Pamela Sutera, and James Sutera v. Go Jokir, Inc.Court of Appeals for the Second Circuit · 1996
- Cesario v. ChiapparineAppellate Division of the Supreme Court of the State of New York · 1964
- City of New York v. National Railroad Passenger CorporationDistrict Court, District of Columbia · 2013
- Prowse v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- Armstrong v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1981
1 more not listed; retrieve them via the Exa API.