Davis v. Mayor
New York Court of Appeals
Appeal from the judgment of the superior court of the city of New-York. The amended and supplemental complaint, which was filed in March, 185-3, prayed that the defendants, Jacob Sharp and twenty-nine other persons, who, it was alleged, were about to lay down railroad tracks in the street called Broadway, in the city of New-York, and to estab lish a railway therein, might be perpetually enjoined from doing so, and that a certain grant or permission, given them by the…
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Appeal from the judgment of the superior court of the city of New-York. The amended and supplemental complaint, which was filed in March, 185-3, prayed that the defendants, Jacob Sharp and twenty-nine other persons, who, it was alleged, were about to lay down railroad tracks in the street called Broadway, in the city of New-York, and to estab lish a railway therein, might be perpetually enjoined from doing so, and that a certain grant or permission, given them by the corporation of the city of New-York, which it was alleged the latter had no authority to make, might be declared illegal and…
1Opinion of the CourtDenio, C. J.
The question whether the railway proposed to be constructed in Broadway would be a public nuisance, arose upon the pleadings, and it was a question of law. The width of the street and of the contemplated railway, its position relatively to the surface of the pavement, the length of the cars to be used, and the power by which they were to be moved, with the character of the street as a crowded thoroughfare extending through the heart of a populous city, were facts about which there was no material disagreement in the pleadings. The degree of inconvenience which the railway would occasion to…
2Cases cited10 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
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3Cited by2 opinions
- Ceas v. BramleyNew York Supreme Court · 1879
- Niagara County National Bank v. LordNew York Supreme Court · 1884