Mayor v. . Third Avenue Railroad Co.
New York Court of Appeals
Demurrer to defendant’s answer. The action was for penalties incurred for running cars without payment of a license fee of fifty dollars on each car, as required by a city ordinance passed December 31, 1858. The answer denied the liability of the defendant, and the authority of the city to exact a license fee, or impose a penalty for running the cars without payment of such fee, &c.'
1Opinion of the CourtPorter, J.
Our decision at the March Term in the case of the Mayor, &c., New York, v. Second Avenue Rail Road Company, substantially disposes of this question. (32 N. Y., 5 Tiffany, 261.) The increase of the sum payable as a license fee under the ordinance of 1858, beyond the amount provided for by the stipulations in the contract of 1853, so far as. it was in derogation of the defendant’s rights, must be deemed illegal and void. It was not the exercise of the power of municipal regulation reserved by the terms of the grant, and which the common council had no authority to alienate; but it was simply an…
2Cited by5 opinions
- City of Lowell v. ArchambaultMassachusetts Supreme Judicial Court · 1905
- City of Los Angeles v. Los Angeles City Water Co.California Supreme Court · 1882
- City of New York v. Third Avenue RailroadNew York Supreme Court · 1904
- City of New York v. Third-Avenue RailroadNew York Supreme Court · 1888
- Mayor of New York v. Third Avenue RailroadNew York Supreme Court · 1886