Legal Opinion

Power v. . Village of Athens

New York Court of Appeals

Decided October 6, 1885PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment entered upon the report of a referee. (Reported below, 26 Hun, 282.) The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 10, 1882, which affirmed a judgment entered upon the report of a referee. (Reported below, 26 Hun, 282.) The nature of the action and the material facts are stated in the opinion. The original franchise granted to the city of Hudson, in the charter of 1875, conferred an exclusive privilege and included the right of ferriage across the river both ways. (Columbia Br. Co. v. Yeisse, 38 N. J. Law, 39-42; Mayor, etc., v. N. E. Trans. Co., 14 Blatchf. Cr. C. 159, 168;…

1Opinion of the CourtEarl, J.

This action was commenced by the plaintiff who, as lessee from the city of Hudson, claimed the exclusive right of ferriage across the Hudson river between the city of Hudson and the village of Athens, to restrain the defendants from operating a ferry across the river between the same places. The action was referred to a referee, who decided that the plaintiff as such lessee had the exclusive right to operate a ferry from the east side of the river at Hudson to the west side at the village of Athens, and that the village of Athens had the exclusive right of ferriage across the river in the…

2Cases cited4 opinions

  1. Owings v. SpeedSupreme Court of the United States · 1820
  2. Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
  3. Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854
  4. Denning v. RoomeNew York Supreme Court · 1831

3Cited by17 opinions

  1. City of New York v. New York City Railway Co.New York Court of Appeals · 1908
  2. Skaneateles Water Works Co. v. Village of SkaneatelesNew York Court of Appeals · 1899
  3. Patterson v. WollmannNorth Dakota Supreme Court · 1896
  4. Eden Musee American Co. v. BinghamNew York Supreme Court · 1908
  5. Kranker v. LevittNew York Supreme Court · 1971

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