City of Buffalo v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeals, by permission, from judgments of the General Term of the Superior Court of Buffalo, entered ¡November 3, 1894, which affirmed judgments in favor of plaintiff rendered in the Municipal Court of Buffalo. The nature of the actions, and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeals, by permission, from judgments of the General Term of the Superior Court of Buffalo, entered ¡November 3, 1894, which affirmed judgments in favor of plaintiff rendered in the Municipal Court of Buffalo. The nature of the actions, and the facts, so far as material, are stated in the opinion. The defendant cannot be convicted of the offenses charged in the complaints in these actions, for the reason that the violations of the ordinances, if committed, were not only without the consent or authority of the defendant, expressed or implied, but were done in violation of its express orders.…
1Opinion of the CourtO’Brien, J.
The plaintiff brought two actions against the defendant in the Municipal Court of Buffalo to recover penalties for violation of two distinct sections of the city ordinances. In one of the actions the recovery was §50, and in the other §100. Both actions were tried together, at the same time and upon the same evidence. The judgments have been affirmed by the Superior Court of that city, and leave was granted to the defendant to appeal to this court. One of the ordinances imposes a penalty of §50 for running cars at a greater rate of speed than six miles an hour by any steam railroad across any…
2Cases cited3 opinions
- Smith v. HillNew York Supreme Court · 1856
- Oakley v. HornNew York Supreme Court · 1839
- Austin v. BurnsNew York Supreme Court · 1853
3Cited by27 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- People v. NixonNew York Court of Appeals · 1928
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- McCabe v. . City of New YorkNew York Court of Appeals · 1915
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
22 more not listed; retrieve them via the Exa API.