Legal Opinion
Benjamin v. Brooklyn Union El. R.
U.S. Circuit Court for the District of Eastern New York
Decided December 4, 1902Published
In Equity. On motion to stay proceedings in a state court'.
1Opinion of the Court
THOMAS, District Judge.
The bill charges that the complainants in 1899 acquired title to certain land in the city of Brooklyn, by devise of Wade, to whom conveyance was made in 1887 by Coyle, whose title antedated 1885, when there was “unlawfully erected without claim of right” an elevated railroad along Fulton street, past and over part of the property by the Kings County Elevated Railroad Company, and that in 1899 the Brooklyn Union Elevated Railroad Company, by consolidation with the first-named company, “acquired all the franchise and property of the former,” and at a later time sold in…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- New York City v. PineSupreme Court of the United States · 1902
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1888
- In re Metropolitan Elevated RailroadNew York Supreme Court · 1889
- Mead v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893