Forty-second Street, Manhattanville & St. Nicholas Avenue Railroad v. Cantor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Forty-second Street, Manhattan ville and St. Nicholas Avenue Railroad Company, from so: much of a judgment of the Supreme Court in part in -favor of the defendants and in part in favor of the plaintiff, entered in the office of the clerk of the county of New York on, the 24tli day of October, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, as adjudges “-that the plaintiff has not since April 12, 1901,…
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Appeal by the plaintiff, the Forty-second Street, Manhattan ville and St. Nicholas Avenue Railroad Company, from so: much of a judgment of the Supreme Court in part in -favor of the defendants and in part in favor of the plaintiff, entered in the office of the clerk of the county of New York on, the 24tli day of October, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, as adjudges “-that the plaintiff has not since April 12, 1901, operated more than one car per day on its tracks in Amsterdam avenue between Forty-second street and Manhattan street;…
1Opinion of the Court
Patterson, J. :
The plaintiff sought by this action to restrain the defendants from removing its railway tracks upon Tenth or Amsterdam avenue and from Manhattan street in the . borough of Manhattan in the city of New York. The court at Special Term granted the relief sought as to the tracks on Manhattan street, but denied it and. dismissed the complaint on the merits as to those on Amsterdam avenue. The allegations of the complaint are that the plaintiff is a corporation organized and existing under and by virtue of the laws of the State of New York, and that the defendant Cantor is president…
2Cases cited1 opinion
- New York Cable Railway Co. v. Forty-Second Street, Manhattan & St. Nicholas Avenue Railway Co.New York Court of Common Pleas · 1885
3Cited by1 opinion
- City of New York v. MontagueNew York Supreme Court · 1910