Brooklyn City Railroad v. Whalen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Grover A. Whalen, individually and as commissioner, etc., 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 3d day of April, 1920, enjoining the defendant “ from operating or in any manner assisting in the operation or supervising the operation or maintaining or in any way aiding in the maintenance of * * * specified bus line or lines of motor vehicles, in…
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Appeal by the defendant, Grover A. Whalen, individually and as commissioner, etc., 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 3d day of April, 1920, enjoining the defendant “ from operating or in any manner assisting in the operation or supervising the operation or maintaining or in any way aiding in the maintenance of * * * specified bus line or lines of motor vehicles, in the Borough of Brooklyn, City of New York,” upon certain routes described in the said order. The plaintiff, a street…
1Opinion of the Court
Blackmar, J.:
The city of New York has no power or authority to operate bus or stage lines in its streets unless it be found in a grant from the People, represented in the Legislature. Its charter and other general and specific laws applicable to it are the measure of its powers and duties. Any act not authorized by such laws is ultra vires of it and a usurpation. The city, which is a municipal corporation, is a creature of the law. The law which created it defines its powers and duties. It has no more right to act in excess of the powers granted it than has a private corporation. A more…
2Cases cited5 opinions
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- North River Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. N.Y.C., Etc., Co. v. . P.S. Com.New York Court of Appeals · 1909
- In re Kings, Queens & Suffolk RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- City of Geneva v. FenwickAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by53 opinions
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Columbia Gas of New York, Inc. v. New York State Electric & Gas Corp.New York Court of Appeals · 1971
- City of Campbell, Mo. v. Arkansas-Missouri Power Co.Court of Appeals for the Eighth Circuit · 1932
- State Ex Rel. Cirese v. RidgeSupreme Court of Missouri · 1940
- Griefer v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 1936
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