Coney Island, Fort Hamilton & Brooklyn Railroad v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Elijah B. Kennedy and others, 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 17th day of February, 1897, granting an injunction restraining the defendants from interfering with the construction of the plaintiffs railroad upon Fifth avenue, between Denyse street and the old Shore Boad, in the city of Brooklyn.
1Opinion of the Court
Cullen, J.:
The plaintiff is a street surface railroad corporation, incorporated for that purpose under the General Railroad Act of this State. In March, 1893, the local authorities of the town of New Utrecht granted the plaintiff the right to construct a double-track street surface road upon Stewart avenue, in that town. Prior to the 16th day of March, 1894, the plaintiff obtained the requisite consents, in writing, of the owners of the property bounded on that avenue, and subsequently the approval of the Board of Railroad Commissioners of the State for the construction of its railroad on…
2Cases cited3 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- Application of B.E.R.R. Co.New York Court of Appeals · 1891
3Cited by9 opinions
- City of New York v. . BryanNew York Court of Appeals · 1909
- Eighth Avenue Coach Corp. v. City of New YorkNew York Supreme Court · 1939
- Rochester & Charlotte Turnpike Road Co. v. JoelAppellate Division of the Supreme Court of the State of New York · 1899
- Kent v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Brooklyn City Railroad v. NeffAppellate Division of the Supreme Court of the State of New York · 1897
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