Legal Opinion
City of New York v. Staten Island Rapid Transit Railway Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 1937PublishedCited by 3 opinions
1Opinion of the CourtGlennon, J.
The plaintiff has pleaded facts sufficient to constitute a cause of action in trespass. If, as alleged, the defendant, without the necessary legal consent, laid its tracks in a public, street which was not covered by its franchise, it might be compelled to respond in damages for the value of the use. It must be understood that we are dealing here solely with the allegations which *501appear in the first cause of action in the complaint and not with any defenses which may hereafter be interposed.
It is idle to urge that there can be no recovery in this type of action where the city, which…
2Cases cited7 opinions
- De Camp v. . BullardNew York Court of Appeals · 1899
- Blesch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Bunke v. . New York Telephone CompanyNew York Court of Appeals · 1907
- City of New York v. Bee Line, Inc.New York Court of Appeals · 1936
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3Cited by3 opinions
- West St. Auto Service, Inc. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1966
- Mercy v. University Gardens Property Owners Ass'nNew York Supreme Court · 1955
- City of New York v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1937