Matter of Long Island R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1907, which denied an application of the appellants herein for the appointment of commissioners to determine whether certain railroad tracks should be constructed and operated on Atlantic avenue in the borough of Brooklyn, city of Bew York.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 31, 1907, which denied an application of the appellants herein for the appointment of commissioners to determine whether certain railroad tracks should be constructed and operated on Atlantic avenue in the borough of Brooklyn, city of Bew York. Atlantic avenue is a street one hundred'and twenty feet wide, running from the East river easterly to the present limits of the borough of Brooklyn, about seven miles easterly of the old city line. At the junction of Atlantic and…
1Opinion of the CourtVann, J.
The project of the petitioning railroads was resisted by landowners whose premises abut upon that part of Atlantic avenue which lies substantially between Bedford and Nostrand avenues. The original right of way of the appellants never covered any part of Atlantic avenue in front of the lands of the respondents. In that locality all the rights which the railroad companies ever had to the so-called “thirty-foot strip,” which embraces their present right of way, came through a tripartite agreement, dated April 10, 1855, executed by the Brooklyn and Jamaica Bailroad Company, as party of the first…
2Cases cited2 opinions
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- In Re the Third Avenue Railroad for a Writ of MandamusNew York Court of Appeals · 1890
3Cited by4 opinions
- People ex rel. Long Island Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1912
- Bullowa v. Provident Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Long Island R.R. Co. v. . City of New YorkNew York Court of Appeals · 1910
- Long Island Railroad v. SherwoodNew York Supreme Court · 1912