Astor v. Arcade Railway Co.
New York Court of Appeals
Appeal from an interlocutory judgment' of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which reversed a judgment of Special Term sustaining a demurrer to the complaint herein and dismissing said complaint, and which overruled said demurrer.
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Appeal from an interlocutory judgment' of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which reversed a judgment of Special Term sustaining a demurrer to the complaint herein and dismissing said complaint, and which overruled said demurrer. (Reported below, 48 Hun, 562.) This action was brought by plaintiffs, who are the owners of property fronting upon Broadway and Madison avenue, in the city of New York, to restrain the construction by defendant of a railway under the surface of said streets, which the complaint alleged…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The sole question for our determination is whether the defendant has legal authority to construct and operate a railway under Broadway and Madison Avenue in the city of New York. The defendant traces…
2Cases cited3 opinions
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- In Re New York District Railway Co.New York Court of Appeals · 1887
- Lazier v. WestcottNew York Court of Appeals · 1862
3Cited by24 opinions
- Coxe v. . StateNew York Court of Appeals · 1895
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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