City of New York v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of Bew York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Bew York on the 3d day of February, 1908, upon the report of a referee dismissing the complaint herein.-
1Opinion of the Court
Ingraham, J.:
This appeal was argued with the case of Mayor v. Broadway & 7th Ave. R. R. Co., Paving Case No. 3 (130 App. Div. 834), decided herewith. This action was brought to recover for the expense of repaving certain portions of Twentyreighth and Twenty-ninth streets through which the line of railroad operated by the defendant ran. The defendant obtained its franchise by transfer from a company known as the Twenty-eighth and Twenty-ninth Streets Bailroad .Company, which acquired it under a. resolution of the common council of the city of Bew York, passed on Bovember *84380, 1886. By that…
2Cases cited2 opinions
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
- Mayor, Aldermen and Commonalty v. Broadway & Seventh Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- City of Highland Park v. Dallas Ry. Co.Court of Appeals of Texas · 1922
- Necaro Co. v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1927
- City of Buffalo v. International Railway Co.New York Supreme Court · 1930
- City of Highland Park v. Dallas Ry. Co.Court of Appeals of Texas · 1922