Pennsylvania Steel Co. v. New York City Ry. Co.
District Court, S.D. New York
In Equity. Suit by the Pennsylvania Steel Company and another against the New York City Railway Company and the Metropolitan Street Railway Company, with four other causes. On claim of the Second Avenue Railroad Company and George W. Linch, receiver, against receivers of defendant Metropolitan Street Railway Company. Following are the opinions of William F. Turner, Special Master: Use and Occupation Proceeding.
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In Equity. Suit by the Pennsylvania Steel Company and another against the New York City Railway Company and the Metropolitan Street Railway Company, with four other causes. On claim of the Second Avenue Railroad Company and George W. Linch, receiver, against receivers of defendant Metropolitan Street Railway Company. Following are the opinions of William F. Turner, Special Master: Use and Occupation Proceeding. Counsel for the claimant receiver urges that for the whole period of use and occupation of Second Avenue properties from September 24, 1907, to November 13, 1908, by the receivers of…
1Opinion of the Court
LACOMBE, Circuit Judge.
This claim has been treated by the special master in two separate opinions, viz., “Use and Occupation Proceeding” and “Motors Proceeding.” As a single report covers both, they will be disposed of here in a single opinion.
[1] 1. The main discussion is on the question whether the Second Avenue is entitled to recover rental (taxes being considered rental) stipulated in the lease for the entire period of occupation by receivers, or, as the special master held, for a part of that period, or the net earnings of the property during the entire period. Whatever may have been…
2Cases cited1 opinion
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
3Cited by2 opinions
- Madden v. La CofskeCourt of Appeals for the Ninth Circuit · 1934
- In re M. M. W. Co.District Court, E.D. New York · 1944