Legal Opinion

Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.

New York Court of Appeals

Decided June 22, 1886PublishedCited by 69 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The construction of the covenant of the defendant, the Second Avenue Railroad Company, contained in the instrument of December 15, 1852, to pave the streets "in and about the rails" in a permanent manner, and to "keep the same in repair to the satisfaction of the street commissioners," was considered in the case of McMahon v. Second Ave. R.R. Co. (75 N.Y. 231), and it was held that the covenant bound the company to pave and keep in repair so much of the space…

2Cases cited5 opinions

  1. Halsey v. . SinsebaughNew York Court of Appeals · 1857
  2. McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
  3. Peck v. . ValentineNew York Court of Appeals · 1884
  4. Highway Commissioners of Rutland v. Highway Commissioners of DaytonIllinois Supreme Court · 1871
  5. Payne v. . HodgeNew York Court of Appeals · 1877

3Cited by69 opinions

  1. Johnson v. LutzNew York Court of Appeals · 1930
  2. People v. TaylorNew York Court of Appeals · 1992
  3. People v. . McLaughlinNew York Court of Appeals · 1896
  4. Massachusetts Bonding & Ins. Co. v. Norwich Pharmacal Co.Court of Appeals for the Second Circuit · 1927
  5. United States v. McMullenSupreme Court of the United States · 1912

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