Rochester Railway Co. v. City of Rochester
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The defendant in error brought an action against the plaintiff in error, a street surface railroad corporation, hereinafter ealled the Rochester Railroad, to recover $18,274.02, the expense of making .new pavements of two streets within the space between the tracks, the rails of' the tracks and two feet in width outside the tracks of the railroad.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. The defendant in error brought an action against the plaintiff in error, a street surface railroad corporation, hereinafter ealled the Rochester Railroad, to recover $18,274.02, the expense of making .new pavements of two streets within the space between the tracks, the rails of' the tracks and two feet in width outside the tracks of the railroad. The action was brought under section 98 of chapter 39 of the General Laws of New York, which was enacted in 1890, and is'as follows: “ Every street surface railroad corporation, so long as it…
1Opinion of the CourtJustice Moody
By the judgment of the highest court of the State of New York, the city of Rochester was allowed to recover from the Rochester Railroad, a street surface railroad corporation, the cost of laying new pavements on the parts of two streets which lay between the tracks, the rails of the tracks and two feet outside of the tracks of the railroad. This recovery was had under a statute of New-York, which .required such railroads to keep that part of the street over which their tracks ran in permanent repair. The requirement of permanent repair includes the duty of laying new pavements. Conway v.…
2Cases cited27 opinions
- Gunter v. Atlantic Coast Line RailroadSupreme Court of the United States · 1906
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- Shields v. OhioSupreme Court of the United States · 1877
- Keokuk & Western Railroad v. MissouriSupreme Court of the United States · 1894
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
22 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- Wright v. Georgia Railroad & Banking Co.Supreme Court of the United States · 1910
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- Applestein v. United Board & Carton Corp.New Jersey Superior Court Appellate Division · 1960
- Snow v. DixonIllinois Supreme Court · 1977
44 more not listed; retrieve them via the Exa API.