New York & Harlem Railroad v. Forty-second Street & Grand Street Ferry Railroad
New York Supreme Court
THE plaintiffs, a railroad corporation, have a railroad running through certain streets in the city of Hew York, and in its course passing Fourth avenue, between Twenty-third and Fourteenth streets. The defendants are the proprietors of a railroad running from Fourth avenue west on Twenty-third street, and from Fourth avenue east on Fourteenth street.
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THE plaintiffs, a railroad corporation, have a railroad running through certain streets in the city of Hew York, and in its course passing Fourth avenue, between Twenty-third and Fourteenth streets. The defendants are the proprietors of a railroad running from Fourth avenue west on Twenty-third street, and from Fourth avenue east on Fourteenth street. The defendants propose, and are about to connect their railroads on Twenty-third and Fourteenth streets, by laying connecting tracks on Fourth avenue, between Fourteenth and Twenty-third streets. Both branches of the defendants’ road have a…
1Opinion of the CourtPeckham, J.
The objection as to the legal passage of the act, under which the defendants claim is sufficiently answered on the point as to which it was assailed. So far as any right or claims of the city, or of the plaintiffs, through the city, are concerned, we must regard them as conclusively settled by the Court of Appeals in the case of The People v. John Kerr et al. (25 How. Pr. 258; 27 N. Y. Rep. 188.)
So far as the proposed action of the defendants would be injurious to the plaintiffs, by competition or otherwise than by directly taking the property of the plaintiffs, we must regard the question as…
2Cases cited3 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Sherman v. SmithSupreme Court of the United States · 1862
- People v. KerrNew York Court of Appeals · 1863
3Cited by4 opinions
- G. C. R'y Co. v. G. C. S. R'y Co.Texas Supreme Court · 1885
- Gulf City Street R'y Co. v. Galveston City R'y Co.Texas Supreme Court · 1886
- Sixth Avenue Railroad v. Gilbert Elevated Railway Co.The Superior Court of New York City · 1876
- Sixth Avenue Railway Co. v. Gilbert Elevated RailroadThe Superior Court of New York City · 1878