Kittinger v. Buffalo Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Buffalo Traction Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on. the 15th day of March, 1897, upon the decision of the court rendered after a trial at the Erie Special Term overruling the said defendant’s demurrer to the amended ' complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action, "and also…
Read the full summary
Appeal by the defendant, The Buffalo Traction Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on. the 15th day of March, 1897, upon the decision of the court rendered after a trial at the Erie Special Term overruling the said defendant’s demurrer to the amended ' complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action, "and also from an order entered in said clerk’s office-on the loth day of March, 1897, directing the entry of said judgment.…
1Opinion of the Court
Hardin, P. J.:
Plaintiff as a taxpayer seeks to maintain the action and by means thereof to prevent waste of the property of the city of Buffalo.
In Adamson v. Nassau Electric R. R. Co. (89 Hun, 261) it was held “ A city has no power to alienate or appropriate the city streets and has no property rights therein,, and the provision of the statute authorizing an action to prevent a waste of "the estate and other property of a municipality refers to property- owned by the city and within its power of disposition.” In that case it was held that the legislation which authorizes a taxpayer to…
2Cases cited4 opinions
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Adamson v. Nassau Electric RailroadNew York Supreme Court · 1895
- Potter v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Harper v. City of KingstonNew York Supreme Court · 1959