City of Yonkers v. Yonkers Railroad

The plaintiff sues to recover from the defendant the sum of $220,661.34, representing the expense of paving between and adjacent to the defendant’s railway tracks in certain of the city streets. The complaint alleges twenty-five causes of action, each of which is based upon a single alleged assessment, except that two assessments are included in the second cause of action. In the tenth cause of action the plaintiff demands $32,943.89 for the paving of a portion of McLean avenue. It appeared at the trial that the major part of the defendant’s trackage in this area had been removed before the…