Bohmer v. . Haffen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Decernber 29, 1898, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ¡No railroad can be constructed in Rew York city without authority from the state legislature.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Decernber 29, 1898, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. ¡No railroad can be constructed in Rew York city without authority from the state legislature. Assuming the validity of every statute in question, not one of them confers any such right oh the Union Railway Company. (L. 1860, ch. 10; Beekman v. T. A. R. R. Co., 13 App.…
1Opinion of the Court
Parker, Ch. J.
The Union Railway Company was formed July 5th, 1892, by consolidation of the Harlem Bridge, Morrisania and Fordham Railway Company (which for convenience we shall hereafter call the Harlem Bridge Company) with the Melrose and West Morrisania and the North Third Avenue and Fleetwood Park Railroad Companies, in pursuance of the authority attempted to be conferred by chapter 340 of the Laws of 1892, which amended chapter 361 of the Laws of 1863, entitled “ An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania,” under which the Harlem…
2Cases cited5 opinions
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- Matter of Application of Union Ferry Co.New York Court of Appeals · 1885
- In re the Prospect Park & Coney Island RailroadNew York Court of Appeals · 1876
3Cited by15 opinions
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- Gorham v. RobinsonSupreme Court of Rhode Island · 1936
- People ex rel. Darling v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1913
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- People v. . LochnerNew York Court of Appeals · 1904
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