New York Central & Hudson River Railroad v. City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1911, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1911, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. The judgment enjoins the defendants from removing or attempting to remove the tracks occupying certain streets along the line of the Hudson river from Spuyten Duyvil creek to near Sixty-eighth street, and thence through various avenues and streets to Canal street, which tracks were laid under an ordinance adopted by the city of New York May 6, 1847, pursuant to chapter 216…
1Opinion of the CourtWillard Bartlett, J.
This suit is the outcome of a notice served by the municipal authorities of the city of *217New York upon the New York Central and Hudson River Railroad Company, requiring the removal of its tracks from Tenth, Eleventh and Twelfth avenues and West street. The judgment enjoins the city and its officers from removing or attempting to remove these tracks. It is based upon the legal proposition that the right thus to occupy the streets in question is derived by the New York Central and Hudson River Railroad Company from the state, through the legislature, and not from the city; that such right was…
2Cases cited3 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- City of New York v. . BryanNew York Court of Appeals · 1909
3Cited by4 opinions
- Penn Central Transportation Co. v. City of New YorkNew York Court of Appeals · 1977
- People's Cable Corp. v. City of RochesterNew York Supreme Court · 1972
- People v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Brauer v. Iroquois Gas Corp.New York Supreme Court · 1975