Legal Opinion · Dissent

People ex rel. Karl v. United Traction Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1911Published

Appeal by the relators, George Karl and another, .from an order of the Supreme Court, made at the Rensselaer Special Term and .entered in the office of the clerk .of the county of Albany on the 30th day of July, 1910; denying the relators’ motion for a writ of-mandamus compelling the respondent to reconstruct its street railway to the village of'West Albany in Albany county, New York.

1DissentBetts, J.

The petition of the relators alleged that each of them was a real estate owner, taxpayer and resident of the village of West Albany, town of Colonie, Albany county, N. Y.; that the Albany Railway was incorporated September 14, 1863, under and in pursuance of an act entitled “An act to authorize the formation of railroad corporations and to regulate the same,” passed April 2,1850, being chapter 140 of the laws of that year. The petition further recited that the certificate of incorporation filed in the Secretary of State’s office provided among other things that “ The said railroad is to be…

2Cases cited19 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  3. The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
  4. State v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1861
  5. Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837

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