16 A.D. 227 | N.Y. App. Div. | 1897
The action was brought by a taxpayer of the city of New York attacking the resolution by the dock department granting a license to the Metropolitan Street Railway Company to lay a railroad track from West street to the ferry house at the foot of Christopher street upon the payment of $100 per annum and all expenses attendant upon the work. The court by its decision dismissed the complaint upon the merits upon the ground that the resolution granted no franchise and that there was no proof of any waste to municipal estate or property. The court also granted an extra allowance of costs to the defendant railroad .company of $1,000.
■ We do not .feel inclined-to interfere with the discretion exercised by the learned trial judge in granting an extra allowance.' The case was evidently both" difficult and extraordinary, and we cannot say the allowance was too large. The same questions were involved in this case as in the Grosstoion Raik'oad case, and the allowance in the two cases was the same. The attorneys for the plaintiff in this case object to the same allowance here which they
The judgment and order appealed from should be affirmed, with costs.
Van Brunt, P. J., Patterson and Ingraham, JJ., concurred.
Judgment and order affirmed, with costs.
See page 229.