# Kittinger v. . Buffalo Traction Co.

> New York Court of Appeals · October 10, 1899 · 160 N.Y. 377

URL: https://www.frixlaw.com/law-library/cases/3597751

## Case

- **Full name:** Joseph Kittinger, Appellant, v. the Buffalo Traction Company, Respondent, Impleaded With the City of Buffalo and Edgar B. Jewett, as Mayor of the City of Buffalo
- **Court:** New York Court of Appeals
- **Decided:** October 10, 1899
- **Citations:** 160 N.Y. 377; 14 E.H. Smith 377; 54 N.E. 1081; 1899 N.Y. LEXIS 1168
- **Precedential status:** Published
- **Opinion:** Dissent by Gray
- **Judges:** Gray, Parker
- **Cited by:** 86 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3597751

## Opinion text

Gray, J. (dissenting).
I think enough is alleged by the plaintiff to impeach the acts of the common council of the city • of Buffalo for fraud in the granting of the consent to the traction company.
It would be disastrous to hold that, where a municipal body is chai'ged, as it is here, with fraiidulent use of power and collusion, and a consequent waste of municipal property, no case was presented for judicial inquiry.
I think there should be a trial, as to this question, and an. opportunity thus afforded for the plaintiff to sustain his allegations by such evidence as he may have.
O’Brien and Haight, JJ., concur generally with Parker, Ch. J., for affirmance ; Martin, J., concurs in result; Bartlett and Vann, JJ., concur with Gray, J., for reversal.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3597751. Public record. Not legal advice.