Mayor of New York v. New York & H. R.
New York Supreme Court
Exceptions from circuit court, Mew York county. Action by the mayor, aldermen, and commonalty of the city of Mew York against the Mew York So Harlem Railroad Company to recover the cost of paving a street between and adjoining defendant’s tracks. A verdict was-directed for defendant, and plaintiff moved for a new trial on exceptions ordered to be heard at the general term in the first instance.
1Opinion of the CourtVan Brunt, P. J.
We have searched in vain in this record to find any' ground upon which the plaintiff can predicate a recovery. This action was brought to recover the cost of paving a portion of Madison avenue between" 125th and 135th streets, adjoining and between tracks used and occupied by the defendant in the operation of a railroad along Madison avenue at that point. It appears that the defendant was incorporated by a special act passed' by the legislature in 1831, and under this act the defendant’ was given power to construct a single or double track railroad in certain parts of the city of New York,…
2Cases cited1 opinion
- Mayor, Etc. v. . E.A.R.R. Co.New York Court of Appeals · 1890