People ex rel. Lally v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th. day of March, 1906, directing the issuance of a peremptory writ of mandamus requiring said defendant to construct and maintain a bridge across its tracks from the property of the relators on one side thereof to their property on the other side, and…
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Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th. day of March, 1906, directing the issuance of a peremptory writ of mandamus requiring said defendant to construct and maintain a bridge across its tracks from the property of the relators on one side thereof to their property on the other side, and awarding damages to the relators. - Also, an appeal by the relators, Lavinia Lally and others, from so much of said…
1Opinion of the Court
Gaynor, J.:
The damages recoverable by the relator in a mandamus proceeding caused by a false return to an alternative' writ do not. include counsel fees therein. Formerly damages for a false, return could only be recovered in an action for damages for the false return. If such an action were brought, and the plaintiff prevailed, he in that way falsified the return and thereby established his right to the pei'emptory writ and also got judgment for his damages at the same time. • There was no other way to falsify the return, and it remained conclusive until falsified in that way.
But a statute…
2Cases cited3 opinions
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
- People Ex Rel. Goring v. President & Board of Trustees of Wappingers FallsNew York Court of Appeals · 1897
- People ex rel. Goring v. President of Wappingers FallsNew York Supreme Court · 1895
3Cited by5 opinions
- Hess Construction Co. v. Board of EducationCourt of Appeals of Maryland · 1996
- Smith v. BerrymanMissouri Court of Appeals · 1913
- People ex rel. Rodler v. Deutscher Krieger Bund New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Sanger v. LavineAppellate Division of the Supreme Court of the State of New York · 1977
- Sheridan v. FarnanAppellate Division of the Supreme Court of the State of New York · 1976