Legal Opinion

Brooklyn Elevated Railroad v. Brooklyn, Bath & West End Railroad

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

Decided December 15, 1897PublishedCited by 3 opinions

Appeal by the defendants, The Brooklyn, Bath and West End Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiff, .entered in the office of the clerk of the county of Kings on the 12th day of March, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term.

1Opinion of the Court

Bradley, J. :

The railroads of the plaintiff and the Atlantic Avenue Company extended from the Brooklyn Bridge.and other points southerly into and along Fifth avenue to or near Thirty-seventh street, in the city of Brooklyn, and the railroad of the defendant Brooklyn, Bath and West End Railroad Company (hereinafter referred to as the West End Company) extended from near Thirty-seventh street southerly to Coney Island.

The controversy arises out of an alleged breach by the defendants of a contract of date April 30,1895, made between the plaintiff and the defendants, the West End Company'and tile…

2Cases cited2 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891

3Cited by3 opinions

  1. Ceballos v. Munson Steamship LineAppellate Division of the Supreme Court of the State of New York · 1904
  2. Barnett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  3. Brooklyn Elevated Railroad v. Brooklyn, Bath & West End RailroadAppellate Division of the Supreme Court of the State of New York · 1897

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