City of New York v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn, Queens County and Suburban Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to a separate defense contained in the answer, and granting the relief asked in the complaint.
1Opinion of the Court
McLaughlin, J.:
Action to recover the sum of $68,739.82 which, the plaintiff expended in repairing or repaving a portion of Jamaica avenue, a public street formerly in the county of Queens but now embraced within the corporate limits of the plaintiff.
The right to recover this sum from the defendant is based upon the'provisions of section 98 of the former Railroad Law (Gen. Laws, chap. 39 [Laws of 1890, chap. 565], as amd. by Laws of 1892, chap. 676), now section 178 of the Railroad Law (Consol. Laws, chap. 49 [Laws of 1910, chap. 481], since amd. by Laws of 1912, chap. 368), which provides…
2Cases cited7 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Cartersville Improvement, Gas & Water Co. v. Mayor of CartersvilleSupreme Court of Georgia · 1892
- Village of Mechanicville v. Stillwater & Mechanicville Street Railway Co.New York Supreme Court · 1901
- Davidge v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by5 opinions
- Troy Union Railroad v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1929
- Brooklyn, Queens County & Suburban Railroad v. City of New YorkNew York Court of Appeals · 1920
- The Troy Union Railroad v. City of TroyNew York Supreme Court · 1927
- City of Yonkers v. Yonkers RailroadNew York Supreme Court · 1938
- City of New York v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1923