Opinion

Ingersoll v. . Nassau Electric R.R. Co.

  • 157 N.Y. 453
  • 11 E.H. Smith 453
  • 52 N.E. 545
  • 1899 N.Y. LEXIS 869
Court
New York Court of Appeals
Filed
Jan 10, 1899
Status
Published
Author
Gray
On the bench
Gray, Parker, Vann
Cited by
28 cases
Authority
More cited than 42.2%

The opinion

Gray, J.

Although I was not present when the

Colonial City Traction

case was decided ( 153 N. Y. 540 ), I should yield a loyal obedience to its authority, however much I might differ in my views from those expressed in that decision, if I thought it foreclosed the discussion in the present case. But I think it does not do so, and that the question of the effect of the act of 1839 is now so presented, under the facts, as to enjoin upon us, not a nullification of what was decided in the former case, but a consideration of whether the -right possessed by a street railway company to contract with another for the use of its track, has been abrogated. The former-ease did not, necessarily, involve the present question. The opinion of the chief judge has pointed out the distinction between the cases and I feel myself free to concur with him in the conclusions which he has reached.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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