People v. Broadway Railroad
New York Court of Appeals
Appeal from judgment of the General Term "of the Supreme 'Court in the third judicial department, entered upon an order made February 4, 1890, which reversed. a judgment in favor -of plaintiff entered upon a decision of the court on trial at Special Term. This action was commenced in Hay, 1888, to have declared forfeited for non-user the franchises obtained by the defendant under chapter 461 of the Laws of 1860, in certain streets of the city of Brooklyn.
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Appeal from judgment of the General Term "of the Supreme 'Court in the third judicial department, entered upon an order made February 4, 1890, which reversed. a judgment in favor -of plaintiff entered upon a decision of the court on trial at Special Term. This action was commenced in Hay, 1888, to have declared forfeited for non-user the franchises obtained by the defendant under chapter 461 of the Laws of 1860, in certain streets of the city of Brooklyn. Judgment was rendered by the Special Term forfeiting the franchises as prayed in the complaint. From that judgment the defendant appealed…
1Opinion of the CourtEarl, J.
The defendant was organized in pursuance of the act, chapter 303 of the Laws of 1858, under the General Railroad Act, and it was required to complete its road through the streets mentioned in the first section of the act within eighteen months from the passage of the act. It constructed its road within.the time mentioned, upon the route specified, a distance of about four miles and a half. In April, 1860, the act, chapter 461 of the Laws of that year was passed, section 1 of 'which is as follows:
“ It shall be lawful for the Broadway Railroad Company of Brooklyn, organized by virtue of the act…
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