Bklyn. Heights R.R. Co. v. . City of Brooklyn
New York Court of Appeals
Appeal from a judgment of the General Term of the City Court of Brooklyn, entered May 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff to restrain the defendant from interfering with the construction of tracks to connect its storehouse for cars with its railroad.
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Appeal from a judgment of the General Term of the City Court of Brooklyn, entered May 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff to restrain the defendant from interfering with the construction of tracks to connect its storehouse for cars with its railroad. The defense was that the connections proposed to be constructed by the plaintiff were beyond the powers conferred upon it, and that, at any rate, the consent of the common council of the city was necessary in order to…
1Opinion of the CourtGray, J.
The question presented concerns the power of the plaintiff to make use of these other streets for the purpose of storing its cars. The necessity for a storehouse cannot be disputed ; but the proposition of the appellant is that, as neither Furman nor State' streets were mentioned in the plaintiff’s articles of association, or any other street except Montague street, it has no power to operate a railroad upon them, and that none could be conferred by the city, either expressly, or by implication. It is argued for the city that the plaintiff is rigidly confined to the route mentioned in its…
2Cited by14 opinions
- Brooklyn Heights R.R. Co. v. . SteersNew York Court of Appeals · 1914
- Fifth Avenue Coach Co. v. City of New YorkNew York Supreme Court · 1908
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Tanno v. EbyOhio Court of Appeals · 1946
- Westchester Electric Railroad v. City of Mount VernonNew York Court of Appeals · 1923
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