People v. Third Avenue Railroad
New York Supreme Court
APPEAL from a judgment entered at a special term, against the defendant, perpetually enjoining it from laying or operating a railroad along certain streets in the decree mentioned, among which were, from Third avenue through One hundred and Thirtieth street, to the east side of Fourth avenue. .By resolution of the common council, of the city of Hew York, passed December 18, 1862. it was resolved “That Myndert Van Schaick and others have the authority and consent of'the…
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APPEAL from a judgment entered at a special term, against the defendant, perpetually enjoining it from laying or operating a railroad along certain streets in the decree mentioned, among which were, from Third avenue through One hundred and Thirtieth street, to the east side of Fourth avenue. .By resolution of the common council, of the city of Hew York, passed December 18, 1862. it was resolved “That Myndert Van Schaick and others have the authority and consent of'the common council, and permission is hereby granted to them to lay a double track for a railroad in the following streets, viz:…
1Opinion of the Court
By the Court, Peckham J.
A point is made here that there is no proof that the plaintiffs had any interest in the streets referred to, or in relation to the ownership thereof. The title therein is alleged in the complaint to be in the plaintiffs ; this allegation is denied in the answer, and there is-in truth no testimony in the case on the subject. Yet I do not think the defendant can now raise the point, as it did not raise it at the trial, when the plaintiffs rested. The defendant proceeded without objection, as if a cause of action had been made out, to introduce evidence on its side, so…
2Cases cited1 opinion
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
3Cited by8 opinions
- State ex rel. Vance v. CrawfordSupreme Court of Kansas · 1882
- Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1912
- State v. O'LearyIndiana Supreme Court · 1900
- Lumber Co. v. . Cedar WorksSupreme Court of North Carolina · 1912
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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