Legal Opinion

Sixth Avenue Railroad Co. v. . Kerr

New York Court of Appeals

Decided January 29, 1878PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendants from running upon, intersecting or using any portion of the railroad tracks laid down by plaintiff in certain streets in the city of-New York.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendants from running upon, intersecting or using any portion of the railroad tracks laid down by plaintiff in certain streets in the city of-New York. The facts, as found by the court, arc substantially as follows: Prior to 1854, by various contracts between the corporation of the city of New York of the one part, and plaintiff and its assignors of the…

1Per curiam

We find many, if not most of the rules of law affecting the property rights of street railway companies, well and concisely stated with cogent reasons to support them, in a report made to the Legislature of Massachusetts, in January; 1875, and published by Judge Redfield as embodying the substance of his views upon that subject in 1 Redfield on Railways (p. 317 in notes). It was conceded in that report that the Legislature, after creating such a franchise, could not, by a direct act of legislation, either repeal the charter or take away the right of compensation by way of tolls or fare, and…

2Cases cited1 opinion

  1. The People v. . KerrNew York Court of Appeals · 1863

3Cited by22 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Hallock v. State of New YorkNew York Court of Appeals · 1973
  3. Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
  4. Detroit Citizens' St. Ry. Co. v. City of DetroitCourt of Appeals for the Sixth Circuit · 1894
  5. New Orleans Gaslight Co. v. Drainage CommissionSupreme Court of Louisiana · 1903

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