City of New York v. New York City Railway Co.

Majority

p. 680

The City of New York, Respondent, v. New York City Railway Company, Appellant.

Headnote

City of New York v. New York City Railway Co., 126 App. Div. 36 , affirmed.

(Argued December 1, 1908;

decided December 15, 1908.)

Appeal from an order of the Appellate Division of. the Supreme Court in the first judicial department, entered May 15, 1908, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial in an action to recover license fees alleged to be due the plaintiff from defendant for operating cars in Ninth avenue in the city of New York.

Joseph P. Cotton, Jr., Robert H. Neilson and Henry A. Robinson for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly, Terence Farley and Frank B. Pierce of counsel), for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion below.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.