Legal Opinion

Underground Railroad of City of New York v. City of New York

Supreme Court of the United States

Decided March 21, 1904No. 150PublishedCited by 6 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion of the court. The Circuit Court had jurisdiction of the bill.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion of the court. The Circuit Court had jurisdiction of the bill. All it is necessary to show in order to secure a reversal of the decree is that the complainants claim a franchise and that all of their objections to the constitutionality of the Rapid Transit Act áre not so manifestly frivolous and without color of right as conclusively to prove bad faith upon their part. Swafford v. Templeton, 185 U. S. 487, 493, 494; Riverside & A. Ry. Co. v. City of Riverside, 118 Fed.…

1Opinion of the CourtChief Justice Fuller

This was a bill filed on behalf of the Underground Railroad .of the City of New York and the Rapid Transit Underground Railroad Company, corporations organized under the laws of New York, against the City of New York, the Mayor, the Comptroller, and the Rapid Transit Commissioners of New York, and contractors engaged in the construction of an underground railway and subway in that city, all of the State of New York, to enjoin payment for work done and further ■ construction. The bill was demurred to for the reason, among others, that the Circuit Court was without jurisdiction in that the…

2Cases cited7 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  3. Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
  4. Defiance Water Co. v. DefianceSupreme Court of the United States · 1903
  5. In Re Rochester Electric Railway Co.New York Court of Appeals · 1890

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3Cited by6 opinions

  1. Newburyport Water Co. v. NewburyportSupreme Court of the United States · 1904
  2. Ramapo Water Co. v. City of New YorkSupreme Court of the United States · 1915
  3. Arkansas v. Choctaw & M. R.U.S. Circuit Court for the District of Eastern Arkansas · 1905
  4. East St. Louis Ry. Co. v. City of East St. LouisDistrict Court, E.D. Illinois · 1926
  5. Farmers' Loan & Trust Co. v. City of Sioux FallsSupreme Court of the United States · 1905

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