Legal Opinion

People ex rel. Brooklyn, Queens County & Suburban Railroad v. Steers

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

Decided July 25, 1913PublishedCited by 3 opinions

Appeal by the defendant, Alfred E. Steers, president, etc., 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 5tb. day of April, 1913, granting relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Burr, J.:

Relator is a domestic street railroad corporation, and is the successor in interest of the Broadway Railroad Company, *154a similar corporation. Prior to December 31, 1892, the latter company had constructed its road to points on Atlantic avenue in the then city, now borough, of Brooklyn, substantially coterminous with the southerly portion of Troy avenue, Utica avenue and Ralph avenue, respectively, lying between Atlantic avenue and the boundary line of said city. It seems to be conceded that the original franchise permitted such construction to the points named, or to a short distance…

2Cases cited4 opinions

  1. Bohmer v. . HaffenNew York Court of Appeals · 1900
  2. Bohmer v. HaffenAppellate Division of the Supreme Court of the State of New York · 1898
  3. Brooklyn, Queens County & Suburban Railroad v. LittletonNew York Court of Appeals · 1906
  4. People ex rel. Brooklyn, Queens County & Suburban Railroad v. SteersNew York Supreme Court · 1913

3Cited by3 opinions

  1. People v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1977
  2. Public Service Commission v. Richmond Light & RailroadNew York Supreme Court · 1916
  3. People ex rel. Brooklyn, Q. C. & S. H. Co. v. SteersAppellate Division of the Supreme Court of the State of New York · 1913

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