Webb v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
New York Supreme Court
Action by an abutting owner to restrain the defendant from constructing an extension of its street railway through the street adjacent to his premises.
1Opinion of the CourtSedgwick, J.
Assuming that under the general railroad statutes (chap. 140, Laws of 1850, and the amendments thereof), a company might have been formed before the .enactment of chapter 10, Laws of 1860, for the purpose of constructing, maintaining and operating a railroad for public use in the conveyance of persons and property in the streets of the city óf Yew York, it is certain after that enactment a company could not be formed for such a purpose under the general railroad statutes.
Section 1 of chapter 10, of Laws of 1860, is, “ It shall not be lawful, hereafter, to lay, construct or operate any…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- People Ex Rel. E. G.V.R.R. Co. v. . TubbsNew York Court of Appeals · 1872