City of New York v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn City Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 7th day of April, 1921, providing for and appointing three commissioners under section 22 of the Railroad Law to determine the compensation to be paid by the plaintiff to the defendant by reason of the construction by the plaintiff of a track crossing the tracks of the defendant on…
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Appeal by the defendant, Brooklyn City Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 7th day of April, 1921, providing for and appointing three commissioners under section 22 of the Railroad Law to determine the compensation to be paid by the plaintiff to the defendant by reason of the construction by the plaintiff of a track crossing the tracks of the defendant on Driggs and Bedford avenues, borough of Brooklyn, city of New York, as well as to determine the line or lines, grade or…
1Opinion of the Court
Putnam, J.:
This appeal raises two question's: First. Has the city through its commissioner of plant and structures, power to operate this proposed railroad on the Williamsburg bridge? Second. If so, would it require the certificate from the Public Service Commission to authorize such operation?
The charter powers of the commissioner of plant and structures, as they had been conferred on April 27, 1920, are, therefore, to be examined. Under the terms of the Greater New York charter (Laws of 1901, chap. 466, § 595, as amd. by Laws of 1916, chap. 528; since amd. by Laws of 1921, chap. 170), he…
Also in this document: Concurrence.
2Cases cited5 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- Schinzel v. BestNew York Supreme Court · 1904
- Schinzel v. BestAppellate Division of the Supreme Court of the State of New York · 1905
- Manhattan Bridge Three-Cent Line v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913