Sixth Avenue Railroad v. Gilbert Elevated Railway Co.
The Superior Court of New York City
I. Trial by the court, June, 1876. The plaintiff was a railroad corporation, created and organized under the general act of 1850, and as such corporation, for more than twenty years, it has owned and operated a double track horse railroad through Sixth avenue, from Amity street to the Central Park at West Fifty-ninth street; and, also, during the same period, it owned in fee certain lots of ground, with buildings and improvements thereon, fronting on Sixth •avenue, and…
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I. Trial by the court, June, 1876. The plaintiff was a railroad corporation, created and organized under the general act of 1850, and as such corporation, for more than twenty years, it has owned and operated a double track horse railroad through Sixth avenue, from Amity street to the Central Park at West Fifty-ninth street; and, also, during the same period, it owned in fee certain lots of ground, with buildings and improvements thereon, fronting on Sixth •avenue, and described in the deeds, whereby they were conveyed to the plaintiff as “bounded westerly in front by Sixth avenue.” They had…
1Opinion of the Court
Sedgwick, J.,
after the conclusion of the trial, rendered an opinion, to the effect that the Gilbert railroad acts authorized use of steam, without tube or equivalent screen, but that section 36 of the rapid transit act “was unconstitutional and void, that the defendant had no authority, in law, to construct its proposed railroad, either by virtue of its charter or the provisions of that act, and that the Sixth Avenue Railroad Company *387suffered an injury peculiar to itself in the placing of the posts in the roadway ; and accordingly that the plaintiff was entitled to a perpetual injunction…
2Cases cited38 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
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3Cited by4 opinions
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- People ex rel. Watkins v. Commissioners of ExciseNew York Supreme Court · 1893
- Hier v. New York, West Shore & Buffalo Railway Co.New York Supreme Court · 1886
- Moore v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1893