New York & Harlem Railroad v. Forty-Second Street & Grand Street Ferry Railroad
New York Supreme Court
APPEAL from a judgment entered at a special term, dissolving an injunction. See report of case at special term, ante p. 285, where the facts are stated.
1Opinion of the CourtGeo. G. Barnard, J.
All the questions in this case are capable of being resolved into the following: Whether the legislature had authority to pass this act, of April, 1860 ? In this connection it is contended it had not, because it would tend to impair the previous franchise granted to the plaintiffs, and because a franchise of the character granted by the act of April 17, 1860, can only be granted to a corporation for a specified period, and cannot be made assignable ; and that as the general railroad act provides for the incorporation for railroad purposes, there is no necessity for special legislation.…
2Cases cited3 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Brooklyn Central & Jamaica Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1861
- People v. KerrNew York Court of Appeals · 1863
3Cited by4 opinions
- Central Passenger Railway Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1902
- South East & St. Louis Railway Co. v. Evansville & Mt. Vernon Electric Railway Co.Indiana Supreme Court · 1907
- Baltimore & Ohio Southwestern Railroad v. Cincinnati, Lawrenceburg & Aurora Electric Street RailroadIndiana Court of Appeals · 1912
- Story v. New York Elevated RailroadNew York Court of Common Pleas · 1877