City of New York v. . Bryan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1909, in favor of defendants upon the submission of a controversy under section 1279 of the Code of Civil Procedure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1909, in favor of defendants upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The New York and Long Island Railroad Company was incorporated on July 30, 1887, under the General Railroad Act of 1850, for the construction, maintenance and operation of a railroad from Long Island City through a tunnel under the East river and under streets and lands in the city of New York to a connection with the New York Central'and. Hudson River…
1Opinion of the Court
Cullen, Ch. J.
The learned Appellate Division seems to have disposed of the case on the theory that what it terms the secondary franchise, that is to say, the consent or permission of the municipal authorities to the railroad company to construct its tunnel and railroad in the city streets, not having prescribed any limit of time within which the road should be constructed, was, when acted upon to some extent, a property right not subject to defeasance or forfeiture by the failure of the company to comply with the terms of the General Railroad Act under which it was incorporated, which…
2Cases cited13 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840
- Fanning v. . OsborneNew York Court of Appeals · 1886
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3Cited by41 opinions
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Matter of City of Long Beach v. P.S. Comm.New York Court of Appeals · 1928
36 more not listed; retrieve them via the Exa API.