The Superior Court of New York City January 14, 1878 (Sixth Avenue Railway Co. v. Gilbert Elevated Railroad)

By the Court.—Sanford, J.

—The learned judge before whom this action was tried at special term, reached the conclusion that the defendant, The Gilbert Elevated Railway Company, had no authority, in law, to construct the elevated railway in Sixth avenue between Amity and Fifty-ninth streets, which it proposed to build pursuant to its charter, and under the provisions of the Rapid Transit Act (Laws