City of New York v. Third-Avenue Railroad
New York Supreme Court
Appeal from circuit court, Xew York county. These actions were brought by the city of Xew York against the Third Avenue Railroad Company to recover of the defendant the aggregate amount of the annual license fees of $20 for each car operated by defendant, Xo. 1 upon its main line, and, Xo. 2, upon its so-called “Grand Central Line.”
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Appeal from circuit court, Xew York county. These actions were brought by the city of Xew York against the Third Avenue Railroad Company to recover of the defendant the aggregate amount of the annual license fees of $20 for each car operated by defendant, Xo. 1 upon its main line, and, Xo. 2, upon its so-called “Grand Central Line.” The actions were founded upon a certain resolution adopted by the plaintiff, December 31, 1852, and subsequently, and on January 1, 1853, embodied in a written agreement between the plaintiff and certain persons to whose rights the defendant has succeeded by…
1Opinion of the CourtVan Brunt, P. J.
In the consideration of the question arising upon-this appeal, regard must be had to the rules controlling the interpretation of statutes. Although the resolution out of which the right of the defendant to enjoy its privileges grew was the act of a municipal body, such body had certain limited legislative powers, and the rights of the parties are to be considered and construed by the same rules as those which govern the interpretation of statutes. The claim made by the defendant that the act resulting in the rights conferred upon the defendant was a mere private contract, and not, therefore,…
2Cases cited1 opinion
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
3Cited by2 opinions
- Consumers' Gas & Electric Light Co. v. Congress Spring Co.New York Supreme Court · 1891
- Harbeck v. PupinNew York Supreme Court · 1890