Legal Opinion

Mayor of New York v. Dry Dock, East Broadway & Battery Railroad

New York Court of Appeals

Decided April 12, 1892PublishedCited by 3 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New Y orle, entered upon an order made June 22,1891, which affirmed a judgment in favor of plaintiff rendered by a District Court of the city of New York.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New Y orle, entered upon an order made June 22,1891, which affirmed a judgment in favor of plaintiff rendered by a District Court of the city of New York. This action was brought to recover a penalty for an alleged violation by defendant on July 11, 1890, of an ordinance of the common council of the city of New York, relating to the running of street cars in said city, which took effect July 8, 1890. Defendant commenced complying with said ordinance on all its lines July 28, 1890, and upon the…

1Opinion of the CourtG-kay, J.

This was an action to recover a penalty of $100 for an alleged violation by the railroad company of an ordinance of the common council of the city of Hew York-, which required the several street surface railroad companies to operate their roads 1 as frequently as public convenience may require and not less than one car every twenty minutes between the hours of 12 midnight and 6 o’clock a. m. each and every day, both ways, for the transportation of passengers.”

The particular violation charged in the complaint was the *109failure of defendant to run its cars on its Avenue D branch every twenty…

2Cases cited1 opinion

  1. Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880

3Cited by3 opinions

  1. Hogan v. . KavanaughNew York Court of Appeals · 1893
  2. Selectmen of Amesbury v. Citizens Electric Street Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Jones v. Board of Zoning AppealsCourt of Appeals of Maryland · 1938

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