Coleman v. . Second Avenue R.R. Co.

It appears from tbe order reversing tbe judgment and ordering a new trial, made by tbe General Term of tbe Supreme Court, that it was made upon both questions of fact and law. Tbe Code (§ 268) makes it tbe duty of this Court, upon tbe appeal, therefore, to determine whether it was correctly made upon either ground.

In 1852, when the grant was made to tbe Plaintiffs and their assignors, tbe Mayor and Common Council of tbe city of New York bad no power to make the grant in question (Milhau v. Sharp, 27 N. Y. 611, and cases cited). Tbe grant or license was therefore void and of no value.

Tbe…