Kent v. Common Council
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Broome comity. Bill by George A. Kent against the common council of the city of Binghamton and another to- enjoin the collection from the taxpayers or abutting owners of expenses for street paving. From a judgment for defendants, plaintiff appeals.
1DissentFursman, J.
This action has been twice tried. On the first trial the court at special term dismissed the complaint on the merits. On appeal to this court the judgment was reversed, and a new trial granted. 61 App. Div. 323, 70 N. Y. Supp. 465. That decision was put upon the ground that the Court Street & F,ast End Railroad Company was an independent corporation owning and operating a road over a portion oí Court street, in the city of Binghamton, and was not a party to the agreement of April 26, 1892, between the city of Binghamton, the Binghamton Street Railroad Company, and the Binghamton & Port…
2Cases cited5 opinions
- Application of B.E.R.R. Co.New York Court of Appeals · 1891
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
- Davidge v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1901
- Trelford v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Kent v. Common Council of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1901