Manhattan Ry. Co. v. Mayor of New York
New York Supreme Court
Controversy between the Manhattan Railway Company, as plaintiff, the mayor, aldermen, and commonalty of the city of New York, as defendant, submitted without action, on an agreed state of facts, pursuant to Code Civ. Proc. § 1279. Judgment for plaintiff.
1Opinion of the CourtParker, J.
The defendant, being the owner of the bed of Eighth avenue, consented, in September, 1875, to the erection of the elevated railway, appurtenances, and stations in that avenue, of which the plaintiff is the owner. After many millions had been expended in its construction, and in the payment of damages to abutting owners for injuries occasioned to their easements of light, air, and access, the legislature, by chapter 576 of the Laws of 1887, authorized the defendant to erect and construct, over and along 155th street, “from the easterly line of St. Nicholas Place to McComb’s dam bridge, an…
Also in this document: Concurrence.
2Cases cited7 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- People Ex Rel. New York Elevated Railroad v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880
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3Cited by4 opinions
- Brooklyn Elevated Railroad v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Sauer v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Interborough Rapid Transit Co. v. GallagherNew York Supreme Court · 1904
- City of New York v. Hudson & Manhattan RailroadAppellate Division of the Supreme Court of the State of New York · 1919