Topham v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 23d day of January, 1904, reversing a judgment of the Municipal Court of the city of New York, borough of The Bronx, in favor of the defendant, entered on the 24th day of November, 1903.
1Opinion of the Court
Hatch, J. :
This appeal comes before this court upon the allowance of án appeal by the justices of the Appellate Term. Mr. Justice Freedman, in a learned and exhaustive opinion (Topham v. Interurban Street R. Co., 42 Misc. Rep. 503), has traced the history of the statutory law of the State bearing upon the authority conferred by the Legislature upon a street surface railroad company to construct, operate and lease street surfacé railroads and to enter into traffic contracts from the inception of the right down to the present time* and reached the conclusion that the lease entered into between…
2Cases cited12 opinions
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
- People Ex Rel. Onondaga County Savings Bank v. ButlerNew York Court of Appeals · 1895
- Suydam v. . SmithNew York Court of Appeals · 1873
- Cox v. . PaulNew York Court of Appeals · 1903
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3Cited by17 opinions
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
- Osborne v. International Railway Co.New York Court of Appeals · 1919
- Burke v. StateNew York Court of Claims · 1909
- People v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of WatkinsNew York Surrogate's Court · 1922
12 more not listed; retrieve them via the Exa API.