City of Troy v. . United Traction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1910, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The city had power to enact the ordinance. (People ex rel. Troy Press Co. v. Common Council, 114 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1910, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The city had power to enact the ordinance. (People ex rel. Troy Press Co. v. Common Council, 114 App. Div. 354; 186 N. Y. 548; Rice v. Rudderman, 10 Mich. 125; City of Rochester v. M. F. M. Co., 199 N. Y. 207.) The order of the public service commission is not res adjudicata. (Rudd v. Cornell,…
1Opinion of the CourtChase, J.
The plaintiff is a city of the second class. It has been subject to the provisions of the uniform charter of cities of the second class since January 1, 1908. (Laws of 1906, chapter 473, now chapter 53 of the Consolidated Laws.) Prior to January 1, 1908, it had been since January 1, 1900, subject to chapter 182 of the Laws of 1898 (White charter), and prior to 1900 it was subject to special charter.
The defendant is a street railroad corporation, and it has succeeded to the rights and franchises of the Troy City Railway Company, another street railroad corporation which had succeeded to the…
2Cases cited1 opinion
- City of Troy v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by13 opinions
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- State ex rel. Dawson v. Leavenworth City & Fort Leavenworth Water Co.Supreme Court of Kansas · 1914
- People ex rel. New York Telephone Co. v. Public Service Commission, Second DistrictAppellate Division of the Supreme Court of the State of New York · 1913
- Town of Hempstead v. Public Service CommissionNew York Supreme Court · 1968
- City of Schenectady v. Schenectady Railway Co.New York Supreme Court · 1922
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