Trojan Railway Co. v. City of Troy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Trojan Railway Company, from a judgment of the Supreme Court in favo'r of the defendants, entered in the office of the clerk of the county of Rensselaer on the 13th day of September, 1907, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, sustaining the defendants’ demurrers to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action, and dismissing said complaint,…
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Appeal by the plaintiff, the Trojan Railway Company, from a judgment of the Supreme Court in favo'r of the defendants, entered in the office of the clerk of the county of Rensselaer on the 13th day of September, 1907, upon the decision of the court, rendered after a trial at the Rensselaer Special Term, sustaining the defendants’ demurrers to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action, and dismissing said complaint, with notice of an intention to bring up for review an order entered in said clerk’s office on the 6th day of August,…
1Opinion of the Court
Kellogg, J.:
The plaintiff alleged that by an ordinance the defendant city provided for the sale at public auction, to the highest bidder, of the franchise to construct, maintain and operate an electric street surface railroad on certain streets in said city; the advertisement of said franchise for sale, and that one Joseph A. Rowers, a resident of the city, attended said sale and bid for such franchise, and was the highest bidder therefor; that the United Traction Company, the other bidder, protested against the bid of said Powers, claiming that he was not capable of constructing, maintaining…
2Cases cited5 opinions
- People ex rel. Depew & Southwestern Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1896
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
- G. W. Ry. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Kuhn v. . KnightNew York Court of Appeals · 1907
- Village of Phœnix v. GannonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by5 opinions
- Yonkers Railroad v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1926
- New York Terminal Co. v. GausAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Westchester Street Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1913
- Yonkers Railroad v. City of YonkersNew York Supreme Court · 1926
- People v. Sansone, New York County Courts1933