Mayor of New York v. Manhattan Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 6,1893, which denied a motion by defendant for a new trial. This is an action in the nature of one for an accounting.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 6,1893, which denied a motion by defendant for a new trial. This is an action in the nature of one for an accounting. The plaintiff demands judgment against the defendant that it render an account to the plaintiff of its net income arising from passenger traffic on its railroads since the 5th day of June, 1879, and that it pay to the plaintiff five per cent thereon from October 1, 1879, after crediting defendant with the amounts of the quarterly payments actually…
1Opinion of the CourtPeckham, J.
The foundation of the plaintiff’s claim in this action rests upon section 9 of the act of 1867.
That section provides for the payment of five per cent of the net income of the railroad company into the treasury of the city “ in such manner as the legislature may hereafter direct, as a compensation to the corporation thereof, for the use of the streets thereof.” The act provided for the construction in the first instance of an experimental elevated railway to be oj>erated exclusively by means of propelling cables attached to stationary engines, for a distance of half a mile along the southern…
2Cases cited6 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Embury v. . ConnerNew York Court of Appeals · 1850
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
- People v. . RosenheimerNew York Court of Appeals · 1913
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Auto Transit Co. v. City of Ft. WorthCourt of Appeals of Texas · 1915
53 more not listed; retrieve them via the Exa API.