Legal Opinion

Trelford v. Coney Island & Brooklyn Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 4 opinions

Appeal by John Trelford, the plaintiff in the first above-entitled action, from an order of the Supreme Court, made at the Rings ■ County Special Term and entered in the office of the clerk of the county of Rings on the 28th day of February, 1896, denying his motion to continue an injunction pendente lite, and dissolving said injunction.

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Appeal by John Trelford, the plaintiff in the first above-entitled action, from an order of the Supreme Court, made at the Rings ■ County Special Term and entered in the office of the clerk of the county of Rings on the 28th day of February, 1896, denying his motion to continue an injunction pendente lite, and dissolving said injunction. Appeal by William Lakeland, the plaintiff in the second above-entitled action, from so much of an order ■ of the Supreme Court, made at the Rings- County Special Term and entered in the office of the clerk of the county of Rings on the 28th day of February,…

1Opinion of the Court

Per Curiam :

When this case was last before us we did not overlook the questions discussed by the appellant on the present motion for a reargument, though as to two of such questions we regarded them as settled by concessions of the respective counsel made on the argument. In our opinion the removal by the defendant of its tracks from a part of the Coney Island Plank Road, and its abandonment of that part of its road for a period, did not determine or forfeit the defendant’s franchise over such road, so as to prevent the defendant from relaying its tracks thereon. Such abandonment only…

2Cases cited1 opinion

  1. People v. Broadway RailroadNew York Court of Appeals · 1891

3Cited by4 opinions

  1. Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
  2. Coney Island & G. Railway Co. v. Coney Island & B. R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. Kent v. Common CouncilNew York Supreme Court · 1903
  4. Kent v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1902

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