Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1905, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1905, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The only obligation relating to the care of the streets which rests upon the appellant is that contained in the amended section 3 of the act of 1871 providing that the said grantees or their successors “ shall keep the surface of the street inside the rails and for one…
1Opinion of the CourtHiscock, J.
This action was brought to recover the value of granite block pavement laid between and for one foot out-side the rails of defendant’s tracks in 138th street, Hew York, at the same time that the rest of said street was being paved with said material, the defendant having failed to so pave its tracks in accordance with the demand of the plaintiff.
The learned Appellate Division, in reversing the determination of the trial court, held that the defendant was under obligation to lay a trap rock pavement in the place specified by virtue of a condition contained in the permit granted by the…
2Cases cited3 opinions
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Binninger v. . City of New YorkNew York Court of Appeals · 1904
- Village of Mechanicville v. Stillwater & Mechanicville Street Railway Co.New York Supreme Court · 1901
3Cited by22 opinions
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Southern Wisconsin Railway Co. v. City of MadisonSupreme Court of the United States · 1916
- City of Highland Park v. Dallas Ry. Co.Court of Appeals of Texas · 1922
- Norfolk & Portsmouth Traction Co. v. City of NorfolkSupreme Court of Virginia · 1913
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1913
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