Milhau v. Sharp
New York Supreme Court
On the 29th of December, 1852, the board of aldermen of the city of Hew York adopted a resolution, whereby it was declared that the defendants, and those who might for the time being, be associated with them, designated as the associates of the Broadway railroad, should, upon certain conditions and stipulations therein specified, have the authority and consent of the common council to lay a double track for a railway in Broadway^ Scc.
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On the 29th of December, 1852, the board of aldermen of the city of Hew York adopted a resolution, whereby it was declared that the defendants, and those who might for the time being, be associated with them, designated as the associates of the Broadway railroad, should, upon certain conditions and stipulations therein specified, have the authority and consent of the common council to lay a double track for a railway in Broadway^ Scc. The resolution was adopted by the board of assistant aider-men on the 30th of December. The associates named in the resolution, on the same day, filed with the…
1Opinion of the CourtHarris, J.
Whether the corporation of New-York has an estate in fee, either absolute or qualified, in the streets of that city, or a mere right of way, held for the public use, is quite immaterial, for the purposes of this action. In either case, it must be conceded the corporation has the right of control over the streets. By the Dongan charter, it was invested with “full power, license and authority to establish, appoint, order and direct the establishing; making, laying out, ordering, amending and repairing of all streets, lanes, alleys, highways, &c. in and throughout the city, necessary, needful…
2Cases cited3 opinions
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
- First Baptist Church v. Schenectady & Troy Rail-RoadNew York Supreme Court · 1848
3Cited by17 opinions
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
- People v. Mayor of New YorkNew York Supreme Court · 1860
- Windle v. City of ValparaisoIndiana Court of Appeals · 1916
- Indiana Railway Co. v. CalvertIndiana Supreme Court · 1907
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