Topham v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of January, 1904, reversing a judgment of the Municipal Court of the city of New York, borough of The Bronx, in favor of the defendant, entered on the 24th day of November, 1903.
1Dissent
O’Brien, J. (dissenting):
The history of the legislation bearing upon the subject of transfers shows that it has been the uniform policy with reference to-franchises dealing not alone with steam railroads, but with street surface railroads as well, that there should be no consolidation or leasing of competing lines, the theory being that it is in the interest of the public to have competing lines. It is conceded that this policy as a favor to street surface railroads has been departed from ; but in all the cases in which the right to consolidate or to lease contiguous-lines has been granted…
2Cases cited2 opinions
- Topham v. Interurban Street Railway Co.New York Supreme Court · 1904
- Mendoza v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900