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

> New York Court of Appeals · January 10, 1899 · 157 N.Y. 453

URL: https://www.frixlaw.com/law-library/cases/3628261

## Case

- **Full name:** Oliver W. Ingersoll, Appellant, v. Nassau Electric Railroad Company, Respondent
- **Court:** New York Court of Appeals
- **Decided:** January 10, 1899
- **Citations:** 157 N.Y. 453; 11 E.H. Smith 453; 52 N.E. 545; 1899 N.Y. LEXIS 869
- **Precedential status:** Published
- **Opinion:** Concurrence by Gray
- **Judges:** Gray, Parker, Vann
- **Cited by:** 28 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/3628261

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3628261. Public record. Not legal advice.