City of New York v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of March, 1916, as resettled by an order entered in said clerk’s office on the 6th day of April, 1916. The judgment appealed from was rendered upon the decision of the court dismissing the complaint upon the merits after a trial before the court without a jury.
1Opinion of the Court
Shearn, J.:
This action was brought by the city to recover some $800,000 representing percentages of about $350,000 on gross receipts from the operation of the defendant’s railroads within the city of New York during the six years ending September 30, 1907, and penalties thereon amounting to about $450,000, pursuant to the provisions of former section 95 (present section 175) of the Railroad Law as enacted, taking effect June 7, 1892. (See 1 R. S. 157, § 12.) The first sentence of that section has read, since May 18, 1892, as follows:
“ Every corporation building or operating a railroad or…
2Cases cited5 opinions
- Rochester Railway Co. v. City of RochesterSupreme Court of the United States · 1907
- Adamson v. Nassau Electric RailroadNew York Supreme Court · 1895
- Schinzel v. BestNew York Supreme Court · 1904
- City of Rochester v. Fourteenth Ward Co-Operative Building Lot Ass'nNew York Court of Appeals · 1905
- Schinzel v. BestAppellate Division of the Supreme Court of the State of New York · 1905