People Ex Rel. City of New York v. New York Railways Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1915, which affirmed an order of Special Term denying a motion for an alternative writ of mandamus to compel the defendants to relocate certain street railway tracks. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1915, which affirmed an order of Special Term denying a motion for an alternative writ of mandamus to compel the defendants to relocate certain street railway tracks. The facts, so far as material, are stated in the opinion. The city of New York has been vested with the power to protect the life and property of those using the highway and may compel the respondents to so relocate their tracks on Central Park West as not to interfere with the ordinary use of that public…
1Opinion of the CourtCollin, J.
The city of New York cannot establish its right to compel the defendants to relocate their tracks upon Eighth avenue by invoking the provisions of the resolution of the common council of July, 1851, and, the contract between the city and Pettigrew and his associates. (P otter v. Collis, 156 N. Y. 16.) Moreover, the stipulation of the contract urged by the appellant as obligating the defendants to change the location of the track, as directed by the city, provided, if valid, for the cessation and not a change in the use of the street by the promisors. The question remaining for our…
2Cases cited12 opinions
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- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- City of New York v. . BryanNew York Court of Appeals · 1909
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