The Superior Court of New York City April 5, 1880 (Caro v. Metropolitan Elevated Railway Co.)

Curtis, Ch. J.—[Concurring.]

*168First. That the fee of the street is in the public.

Secondly. That the plaintiff has no easement, or other interest in the soil of the street which defendant invades.

Thirdly. That defendant’s railroad is constructed and operated in the street, by due authority of law.

Fourthly.