Kittinger v. . Buffalo Traction Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 15, 1898, reversing an interlocutory judgment overruling a demurrer to the complaint entered upon a decision of the court at an Equity Term, and sustaining the demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 15, 1898, reversing an interlocutory judgment overruling a demurrer to the complaint entered upon a decision of the court at an Equity Term, and sustaining the demurrer. This action was brought by a taxpayer to procure a judgment declaring that the consent obtained by the defendant, The Buffalo Traction Company, from the authorities of the city of Buffalo for the construction and maintenance of a street surface railroad is illegal and void, and to enjoin the…
1Opinion of the Court
Parker, Ch. J.
This defendant was organized in the year 1895 for the purpose of building in the city of Buffalo a street surface railroad exceeding sixty-four miles in length, at which time another corporation had in operation a street surface railroad that occupied nearly eighty miles of streets. On the 19th day of 27ovember, 1895, this defendant made application to the board of railroad commissioners for a certificate under section 59 of the Railroad Law, to the effect that public convenience and necessity required the .construction of the railroad as proposed, and that board, a little over…
2Cases cited26 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
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3Cited by87 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Atchinson v. ErwinWest Virginia Supreme Court · 1983
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