City of New York v. Third-Avenue Railroad
New York Supreme Court
Appeal from circuit court, Xew York county. These actions were brought by the city of Xew York against the Third Avenue Railroad Company to recover of the defendant the aggregate amount of the annual license fees of $20 for each car operated by defendant, Xo. 1 upon its main line, and, Xo. 2, upon its so-called “Grand Central Line.”
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Appeal from circuit court, Xew York county. These actions were brought by the city of Xew York against the Third Avenue Railroad Company to recover of the defendant the aggregate amount of the annual license fees of $20 for each car operated by defendant, Xo. 1 upon its main line, and, Xo. 2, upon its so-called “Grand Central Line.” The actions were founded upon a certain resolution adopted by the plaintiff, December 31, 1852, and subsequently, and on January 1, 1853, embodied in a written agreement between the plaintiff and certain persons to whose rights the defendant has succeeded by…
1Dissent
Macomber, J.,
(dissenting.) Action No. 1. It is true, as the learned justice says in his opinion, that it was the intention of the plaintiffs and defendant, at the time of making the agreement that there should be paid, for the use of the streets, some compensation or license fee; but it by no means follows that a mere intention on the part of both contracting parties, the one to demand and the other to agree to pay some license fee or compensation for the use of the streets, that resort may be had to an ordinance which manifestly in its inception W'as not'intended to be applicable to those…
2Cases cited1 opinion
- Mayor v. . Third Avenue Railroad Co.New York Court of Appeals · 1865