The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-19
RAILROADS IN THE METROPOLIS.
New York superior Court.

Before oakiey, Sn. ~ ne d.. r.rsIcnJs prasr oad
We Attorney os''e' a. C:,,, ~ Ma, YorS I,coh Gu,
ana CoMMo"o'y ~ ~ 9 y - ' F
az" .. ' D. Field ID for appellants.
John IN rt posrop,u The a,nnea, fr,an tha ;nd,
by s ,td n lie notice Of anneal 10 he from 60 mch
mem s J. e s";s ~ ~ff = = NS
seaI If The citv Of New Yorr was not Law hut
the grant Of aIranen,se wach from the time Oh It's &C
cep.snce' From 80 mnch a. dacaes that tha common
carsm had no mower or autbortv to make such vrant.
ThrdITrom so much as decides that The Grant for
- ;sas. 81 ;t % =. a' i; ;u, I'D v snS eAAs ~
Torth Eron' 90 on.h .. dec;5ss that the orantee.
named il the resolution Be enjonsd from constructing
T;fthM Iyom so much a. decide. that tho Mavor AL
demen and Commonaty Of the city of New York be en-
iege Of constructing = railroad in Broadway
There is also separate appeal from so much Of the
order of the 9th of November 1853 as directed the
nlaint 10 ne amended by inserting therein the Of
the ATTORNEY General as party plaintiff and also from
SO much of that order as directs the amendment to be
without prejudice to the proceedings previously had
Boil anpeals were heard at the same time The appeal
from the Judgment involves the questions what is the
nature Of the resolution complained oS-was the Com
mon Connect legally competent to pass ?was it illegal
and void or legal and valid? The resolution confers upon
certain persons named the right to construct rail-
wav with double track through Broadway, and in or
ner the middle the street. from South ferry to Fifty
ninth street and passenger upon it, for their
exclusive personal profit and emo1ment contains no
and language expresses the period ofts
duration may be perpetual So long the conditions
and spulatons upon which the said grant Of permission
and authority made kept and performed by the
grantees power is reserved to repeal it. The twelfth
spsnee te railroad the association shall have license
for each car that may be for $40 per annum. The
right is conferred to construct railroad and run MS
many cars upon it, both ways and frequently the
public convenience may require, paying fee OF $40
annually per car and the privilege granted Of charg
ing each passenger five cents. No other persons
carry passengers for hire during this term Of time
through Broadway by this mode of conveyance. The
thirteenth fourteenth and fifteenth articles, by their
terms confer authority upon majority in interest Of
the associates to form themselves into joint stock
ISOLATION and vest in the association all the rights and
privileges granted and grant the power of determining
the mode Of transferring the interest any associate
new associates and provide that it shall not be dis
solved by the death or act of any associate
and also that any new associate who may DO
admitted according To the provisions OF the grant and
such bylaws as the associates may ordan shall be
5oe.d ares 10 tho aoreement Inv which the grant has
been assented tn and accented In short 40 far as its
terms II confers ali The rights and nryepes of an
act Of INCORPORATION by statute Of the Legislature Of
the state except that of sueng and being sued by the
Of the association and an exemption Of the asso
catss from nersonni liability for debts Of the associa
t"r rhn eftaonth article has prov;ded for the difcu
ties tb. NIGH result from these differences between the
bt Hah;i;t;es and eremntions of Quasi CORPORATION
createa nv the Common Council and an actual ncorpo
ration under law Of the state by enacnv that said
a. any, time themselves under
the general Railroad Act whenever tive t In interest
ss tb tho;tv which It's terms pmrnort 10 Grant then
n & ha ncorror,sd a. we'll after the
al hnfpr ia
| Do Do ;id 49, a. ot avtborsa tho creat;on ~ an
incornoration to maintain and operate an unncor-
1922 "' N;,.aaa 80 norstr,ctad a. tbs tno
HoIa'ou ranloa a g. u.s. 81 isso OH
n.; a's J gs tha oM+b oa;tw .ors.rraJ r. valid
twothirds in interest may effect an Incorporation after
h s az snms rdinr that interest and not
.hta az s1I p.hos dent The hoie nher ~
;, M o h this anthor;tv "a confcrred - thrtv
1ssoca:es On 4; ,S :; tt nnd tn tIr
;.t :.. 80 = .n,oiar r,,,rhar ~ a ssn.;atos
interest may consist o. maner NUMBER per o.
81 S.a nav no Lass thar tf;s 70 the an
.n;. :, !; ad tha ossnc;atas nov no ;ncor
o.y f. ~ d = ,tct"d aIthnMgh Il IL NJ
ase :: ne uau - ;t ~, ;s; - - ~
~ tha R;Iroaa Al That act nrobb;ts the nse in the
construction Of any road oy company f ,ormeu under ~
AZ ny nom I " I ., T. sut%nr-ast ba pmnn;rr ~
srerht trains well as m trainsmIsecs Az and
90 :. a: . p ss go ,,,dar - -
49,. 10 ;t; r' $500 ~ 49, s;aas 81 tho;r road ~
az hs;n on HS dnso fenca ranM,sd
my nc'sn. anu s'iensen "a aitsn le io4sAou
~ law anu 70 cons:uS. anu :. .as.~ su.ius ..1 ~
IA osu 1 sa'"n s, nv ~ Az ;Iod 1917 I
provides that II any person Shall ride lead or drive any
es. IA a. othar tthan cross;nos r;tbomt consant
a. e4;' La hm Tnr avor sT.h oasnce forsa;t
M no 's s .,s 1 tha =. as A. Pay ~
WINCH ooa W Ct @ NJ $1,000
the act the operation Of this section A
A. noves ~ the rails the rcsoInton .hrncntas sta
t ~ the state relating sneciav and solely to this cv
The Iesth section Of the act Of April 9th, 1853 de.
i.re. l.; ali cases of nersons meeting each other
- .reet or road in the city and county of New YORK
=; ..yr;ares vocons carts ~ se;ghs each narson 81
n~ sha go to that side Of the street or road on His
;cht az "a 70 enable the carriares wagons carts or
so meeting to each other under the penalty Of
Ava dollars for every offence Ia he recovered nv action
A. Ssht With coats of anti In anv having co0nizance
thsrso bv anv nerson sno for the sane',f2d r. 4o4
or csp and eetnc going IN The onnosite direction
ust move Wholly Ont If the sv of The and the car
.. 80 h,;coa ~ Il trnaS on ~ tha dracor rnsrsad
h it, tract ana from the nature Of tbncs that
n II instead Of meet;nc : ear anv other vehicle had
bs.r nat a. rracsni tha .nn{ to nerso A.; v;n
Az later MET t 20 that ~ ~ 4ha srsat On Ms
;cbt and every failure 10 do 40 wouia snbect him 10
s,. nv 70 e e y ,me =. AZ A. ~ t t - ~
1' of th r n' 1;1Ss a. md ;rt
~ faaJ ~ ~ a. % ,t;o p.t;ee 4; 4ho rant ~
Sh y ~ ;s Az ;;q ass., 20 Wy 3. s ~ th:
IL m.s sa.,s4 !. .he ii.h. 10y t tLS -; &c
:. s at - ~ . s.J s,"n, t v M rs -
cs."d ~ tba fa;slatrpe ~ ~. St.+a ari ysroh;o
~ - ~ aoees - ~ ~ y. , s y. 80; .a as
.s, n.tmra sh;ch o,no. tai,s =. - an;sad ybot
.rs.s.;ro rrt D, r. ha $3.50 ;s fa~.h,sa THO
s,;ns a. ~o,sarroa =, lprt;ors a.. s-snch;sss
NJ o-adr.;or - .aI.. - ;..arao H., - a.w-ara.