In re the Brooklyn Elevated Railroad
New York Supreme Court
Appeal from order appointing commissioners in proceedings to acquire an easement to operate a railroad in front of appellant’s premises, at the corner of Grand and Myrtle avenues, in the city of Brooklyn.
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Appeal from order appointing commissioners in proceedings to acquire an easement to operate a railroad in front of appellant’s premises, at the corner of Grand and Myrtle avenues, in the city of Brooklyn. The petition was oppose'd on the following grounds: 1. The petitioner has shown no right to the exercise of its claimed franchises, in that it has not shown that the Brooklyn Elevated Railway Company commenced the construction of its road within the time limited by law ; and that neither it nor any successor of it completed the construction of the road within the time limited by law. 2. The…
1Opinion of the Court
The court decided in favor of the petitioner, and delivered the following opinion:
Cullen, J.
•This is a proceeding to condemn the easement of the respondent in the street adjacent to and in front of his property, so far as that easement is impaired by the construction and maintenance of the petitioner’s railroad and station. The right of the petitioner to institute these proceedings is challenged on several grounds.
The most serious question in the case is whether the petitioner’s franchise has not determined and lapsed. The petitioner is the successor of the Brooklyn Elevated Silent Safety…
2Cases cited3 opinions
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
- Matter of U.E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
- In re the Brooklyn, Winfield & Newtown RailroadNew York Court of Appeals · 1878