City of New York v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1921, which reversed an order of Special Term appointing commissioners to determine the amount of compensation, if any, to be awarded the defendant as a condition of constructing a cross-over on its tracks, and also reversed an order of said Special Term confirming the report of said commissioners.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1921, which reversed an order of Special Term appointing commissioners to determine the amount of compensation, if any, to be awarded the defendant as a condition of constructing a cross-over on its tracks, and also reversed an order of said Special Term confirming the report of said commissioners. The city of New York is authorized by statute to operate a railroad on the Williamsburg bridge, and the connecting track, with the cross-over involved herein, is a mere…
1Opinion of the CourtPound, J.
The city of New York owns four bridges over the East river, including the Williamsburg bridge. Railroad companies operate surface and elevated or subway cars on all of them but the city owns the railroad tracks. The Williamsburg bridge was opened in 1904, and the cars running over it were thus operated with the co-operation of the city until April 27, 1920, when a change in policy occurred. Direct municipal operation of the railroad bridge service was provided for. The board of aldermen adopted an ordinance, which was approved by the mayor on May 3, 1920, providing that after the termination…
2Cases cited10 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- Schinzel v. BestNew York Supreme Court · 1904
- Schinzel v. BestAppellate Division of the Supreme Court of the State of New York · 1905
- Brooklyn Heights R.R. Co. v. . SteersNew York Court of Appeals · 1914
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3Cited by11 opinions
- Gilchrist v. Interborough Rapid Transit Co.Supreme Court of the United States · 1929
- Long Island Rail Road Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1968
- Westchester Electric Railroad v. City of Mount VernonNew York Court of Appeals · 1923
- D'Anna v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Matter of Sells v. Defense Plant Corp.New York Court of Appeals · 1946
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