Davidge v. Common Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John M. Davidge and others, as executors, etc., of James Davidge, deceased, and others, from a judgment of the Supreme Court in favor of the defendants, entered' in the office of the clerk of the county of Broome on the 14th day of December, 1900, upon the decision of the court rendered after a trial at the Broome Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiffs, John M. Davidge and others, as executors, etc., of James Davidge, deceased, and others, from a judgment of the Supreme Court in favor of the defendants, entered' in the office of the clerk of the county of Broome on the 14th day of December, 1900, upon the decision of the court rendered after a trial at the Broome Special Term, dismissing the complaint upon the merits. The action is brought by taxpayers of the city of Binghamton whose assessments aggregate over $5,000, and who, as owners o'f real estate abutting On Front street, between Main and Ferry streets, in…
1Opinion of the Court
Kellogg, J.:
The trial court has found, from undisputed testimony, that the Binghamton Railroad Company, defendant, was formed by the consolidation, under the laws of this State, of the Binghamton Street Railway Company and the Binghamton and Port Dickinson Railway Company, and such consolidation was perfected August 11, 1892; that the consolidated company succeeded to all the rights, franchises and privileges of each of the companies so consolidated; that on April 26, 1892, in settlement of a pending action touching the liability for street paving and in settlement of other controversies, and…
2Cited by4 opinions
- City of Leavenworth v. Leavenworth City & Fort Leavenworth Water Co.Supreme Court of Kansas · 1904
- City of New York v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- City of Yonkers v. Yonkers RailroadNew York Supreme Court · 1938
- Kent v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1902