Astor v. Arcade Railway Co.
New York Court of Appeals
Appeal from an interlocutory judgment' of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which reversed a judgment of Special Term sustaining a demurrer to the complaint herein and dismissing said complaint, and which overruled said demurrer.
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Appeal from an interlocutory judgment' of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1888, which reversed a judgment of Special Term sustaining a demurrer to the complaint herein and dismissing said complaint, and which overruled said demurrer. (Reported below, 48 Hun, 562.) This action was brought by plaintiffs, who are the owners of property fronting upon Broadway and Madison avenue, in the city of New York, to restrain the construction by defendant of a railway under the surface of said streets, which the complaint alleged…
1Opinion of the CourtEarl, J.
The sole question for our determination is whether the defendant has legal authority to construct and operate a railway under Broadway and Madison- Avenue in the city of PTew York. The defendant traces its corporate existence to the act chapter 842 of the Laws of 1868, entitled “ An act to provide for the transmission of letters, packages and merchandise in the cities of PTew York and Brooklyn and across the PTorth and East rivers by means of pneumatic tubefe, to be constructed beneath the surface of the streets and public places in said cities and under the waters of said rivers.” The first…
2Cases cited2 opinions
- In Re New York District Railway Co.New York Court of Appeals · 1887
- Lazier v. WestcottNew York Court of Appeals · 1862