Legal Opinion

City of New York v. Sixth Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 8 opinions

Appeal by the defendants, the Sixth Avenue Railroad Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of May, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ joint and separate demurrers to the complaint.

1Opinion of the Court

Ingraham, J.:

This action is brought to recover license fees for the cars used in the operation of the railroad owned by the Sixth Avenue Railroad Company. The complaint, after alleging the incorporation of the plaintiff, alleges that the defendant, the Sixth Avenue Railroad Company, is a street surface railroad organized and existing pursuant to the provisions of the General Railroad Act (Laws of 1850, chap. 140 as amd.) and pursuant to the terms and conditions of a certain instrument in writing, dated September 6,1851, executed by and between the mayor, aldermen and commonalty of the city of…

2Cases cited1 opinion

  1. Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889

3Cited by8 opinions

  1. Madden v. ShaneCourt of Appeals of Texas · 1916
  2. City of New York v. Thirty-Fourth Street Crosstown Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. City of New York v. Broadway & Seventh Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  4. City of New York v. Central Park, North & East River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  5. City of New York v. Forty-Second Street & Grand Street Ferry RailroadAppellate Division of the Supreme Court of the State of New York · 1902

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