City of New York v. Linch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Linch, as receiver, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of July, 1913, after a trial before the court at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff seeks to recover the cost of certain repaving adjacent to tracks of the Second Avenue Railroad Company. The action is brought under section 98 of the former Railroad Law (Gen. Laws, chap. 39 [Laws of 1890, chap. -565], as amd. by Laws of 1892, chap. 676), now section 178 of the present Railroad Law (Consol. Laws, chap. 49 [Laws of 1910, chap. 481], as since amd. by Laws of 1912, chap. 368), which reads as follows:
*293“Every street surface railroad corporation, so long as it shall continue to use any of its tracks in any street, avenue or public place in any city or…
2Cases cited1 opinion
- City of New York v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- City of New York v. Dry Dock, East Broadway & Battery RailroadNew York Supreme Court · 1927
- American Brake Shoe & Foundry Co. v. New York Rys. Co.Court of Appeals for the Second Circuit · 1936