Legal Opinion

City of Elmira v. Maple-Avenue Railroad

New York Supreme Court

Decided January 19, 1889Published

Appeal from special term, Chemung county. Action by the city of Elmira against the Maple-Avenue Railroad Company. Complaint dismissed, and plaintiff appeals.

1Opinion of the CourtKennedy, J.

The plaintiff is a municipal, and the defendant a domestic, corporation. The latter was incorporated and organized for the purpose of constructing and operating a street railroad upon and over certain streets in the former. About June 30, 1887, the common council of said city, for a valuable consideration paid, sold to the defendant, as by statute in such case provided, the right to construct and operate a street railroad on the surface of the soil, and upon the planking of Lake-Street bridge, through, along, and upon Lake street, from the intersection of the north line of Water street to the…

2Cases cited1 opinion

  1. Moore v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888

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