Coney Island & Gravesend Railway Co. v. Coney Island & Brooklyn Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Coney Island and Gravesend Railway Company, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 23d day of December, 1898, upon the decision of the court, rendered after a trigl at the Kings County Special Term, dismissing the complaint upon the merits, and denying the plaintiff’s claim to an injunction restraining the defendant The Coney Island and Brooklyn…
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Appeal by the plaintiff, The Coney Island and Gravesend Railway Company, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 23d day of December, 1898, upon the decision of the court, rendered after a trigl at the Kings County Special Term, dismissing the complaint upon the merits, and denying the plaintiff’s claim to an injunction restraining the defendant The Coney Island and Brooklyn Railroad Company from operating the cars of the defendant The Brooklyn City and Newtown Railroad Company over Neptune avenue…
1Opinion of the Court
Hatch, J. :
The parties to this, action submitted the controversy existing between them to the court upon an agreed statement of facts, and the question which is presented for determination became solely one of law. So far as material to the present discussion, it appears that the defendant The Coney Island and Brooklyn Railroad Company had authority to construct and operate a street railroad upon Neptune avenue, between West Sixth street and East Fourteenth street, in the town of .Gravesend. The right so to construct its tracks over this route was determined, by this court in Trelford v.…
2Cases cited4 opinions
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- Roddy v. Brooklyn City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Brooklyn Crosstown R. Co. v. Brooklyn City R. Co.New York Supreme Court · 1889
- Trelford v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1896