City of New York v. Montague

The city brings this action to compel the removal of the tracks of the Fulton Street Railroad Company, which company was authorized to operate a street surface railroad along Fulton street to West street and through other public places. The grant or franchise was originally acquired by the North and East River Railway Company and subsequently transferred to the Fulton Street Railroad Company, of which the defendant Montague was appointed the receiver. The basis of the action is that no cars have been operated since on or about June 1, 1908, and that the tracks and rails are worn, defective,…