Matter of Kings County Elevated R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■ Court in the second judicial department, made July 3, 1886, which affirmed an order of Special Term, the nature of which order, as well as the material facts, are stated in the opinion. (Reported below, 41 Hun, 425.) The petitioner on failing to obtain the requisite consents of the landowners was not deprived of its franchise.
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Appeal from order of the General Term of the Supreme ■ Court in the second judicial department, made July 3, 1886, which affirmed an order of Special Term, the nature of which order, as well as the material facts, are stated in the opinion. (Reported below, 41 Hun, 425.) The petitioner on failing to obtain the requisite consents of the landowners was not deprived of its franchise. Its failure put in • abeyance its right to proceed with the construction of its proposed road until the obstruction was removed. (In re B’klyn Steam Transit, 78 N. Y. 529-531; In re B. W. & N. R. R. Co. Case, 72 id.…
1Opinion of the CourtDanforth, J.
The appellant, by proceedings instituted April 8, 1886, sought to have an easement or interest appurtenant to certain lands abutting on Fulton street, in the city of Brooklyn, appropriated to its use for railway purposes, and to that end applied by petition to the court at Special Term for the.appointment of commissioners of appraisal. It was there denied, not in the exercise of discretion, but upon the ground .as stated in the order, “ that the petitioner had never obtained the consent of the local authorities of the city of Brooklyn to the construction of its road in Fulton street.”
Upon…
2Cases cited3 opinions
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
3Cited by26 opinions
- City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
- Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
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