City of New York v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York City Railway Company, from a judgment of the Supreme Court in favor-of the plaintiff, entered in the office of -the clerk of the county of New York oh the 8th day of September, 1908, upon the verdict of a jury rendered by direction of the court, and also from so much of an order entered in said clerk’s office on the same day as denies the defendant’s motion, made upon the minutes, to set aside the verdict.
1Opinion of the Court
Ingraham, J.:
This action was brought to recover the expense incurred by tha plaintiff in laying certain pavements in West Broadway in the city of New York through which a line of street cars was operated by the defendant. There was no substantial dispute about the facts. Both parties requested the court to direct a verdict and there was no request to submit any question to the jury.
The Metropolitan Crosstown Railroad Company was authorized to construct, maintain, use and operate a street railroad through certain streets and avenues in the city of New York, which included South Fifth avenue…
2Cases cited2 opinions
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
3Cited by2 opinions
- City of New York v. LinchAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Buffalo & Lake Erie Traction Co. v. State BoardNew York Supreme Court · 1912