Kent v. Common Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Common Council of the City of Binghamton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 16th day of February, 1904, upon the decision of the court, rendered after a trial at the Broome Special Term, granting an injunction against the defendant The Common Council - of the City of Binghamton. This action has been tried three times.
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Appeal by the defendants, The Common Council of the City of Binghamton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 16th day of February, 1904, upon the decision of the court, rendered after a trial at the Broome Special Term, granting an injunction against the defendant The Common Council - of the City of Binghamton. This action has been tried three times. The facts, except as they are stated in this opinion, will be found stated in the opinions written on the former appeals herein. (Kent v.…
1Opinion of the Court
Chase, J,:
After the reversal of the first judgment the defendants materially changed their contention, and after the reversal of the second judgment they materially amended their answers, and any .apparent confusion in the opinions of this court is attributable thereto.
This court on the second appeal, referring to the first appeal, said : “ When this case was before us on the former appeal, the question presented was whether this defendant was relieved by the provisions of the contract of April 26, 1892, from paving between the rails, etc., as is required by the provision's of the General…
2Cases cited6 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Application of B.E.R.R. Co.New York Court of Appeals · 1891
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3Cited by5 opinions
- Westinghouse Electric & Mfg. Co. v. Binghamton Ry. Co.District Court, N.D. New York · 1919
- Public Service Commission of First District v. New York Railways Co.New York Supreme Court · 1912
- Public Service Commission of First District v. New York Railways Co.New York Supreme Court · 1912
- People ex rel. Karl v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Trojan Railway Co. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1908