In re Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Brooklyn, Queens County and Suburban Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of July, 1904, denying the petitioner’s application for a peremptory writ' of mandamus.
1Opinion of the Court
Willard Bartlett, J.:
On July 24,1893, the Broadway Railroad Company of Brooklyn, since merged in the Brooklyn, Queens County and Suburban Railroad Company, obtained from the common council of the city of Brooklyn its consent to the construction, maintenance and operation of a double-track street surface railroad upon an extension in Saratoga avenue from Broadway to the city line. The requisite consents of one-lialf of the owners in number, and of the owners of one-half in value of the property on Saratoga avenue, which were necessary to complete the franchise for the construction of the…
2Cases cited2 opinions
- Coney Island, Fort Hamilton & Brooklyn Railroad v. KennedyAppellate Division of the Supreme Court of the State of New York · 1897
- Brooklyn & Rockaway Beach Railroad v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Hanbury v. Metropolitan Securities Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Public Service Commission v. Richmond Light & RailroadNew York Supreme Court · 1916