City of New York v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of December, 1907, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Laughlin, J.:
This is an action to recover license fees for the cars run over that part of its line formerly owned and operated by the Ninth Avenue Eailroad Company during the years 1902, 1903, 1904 and 1905.
It appears by the record that on the 20th day of December, 1852, the board of assistants of the city of New York, by resolution, granted to,three individuals the right to construct railroad tracks in and along certain streets and to operate cars thereon for the conveyance of passengers for hire, upon certain conditions, and, among others, one as follows, to wit: “ Provided that the said…
2Cases cited1 opinion
- Mayor of New York v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
3Cited by2 opinions
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908