City of New York v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn City Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 7th day of April, 1921, providing for and appointing three commissioners under section 22 of the Railroad Law to determine the compensation to be paid by the plaintiff to the defendant by reason of the construction by the plaintiff of a track crossing the tracks of the defendant on…
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Appeal by the defendant, Brooklyn City Railroad Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 7th day of April, 1921, providing for and appointing three commissioners under section 22 of the Railroad Law to determine the compensation to be paid by the plaintiff to the defendant by reason of the construction by the plaintiff of a track crossing the tracks of the defendant on Driggs and Bedford avenues, borough of Brooklyn, city of New York, as well as to determine the line or lines, grade or…
1Dissent
Mills, J. (dissenting):
The appellant’s sole contention here is that the plaintiff, the city, has no right to operate a railroad over the Williams-burg bridge, and, therefore, has not the incidental right to *746any such crossing of appellant’s tracks. Appellant does not dispute the incidental right if the main one exists; but challenges the existence of the latter. Its such contention is based upon three subsidiary ones, which are as follows: First. The plaintiff has no franchise or authority to operate such a railroad; in other words, the statutes applicable to that bridge should not be…
2Cases cited15 opinions
- Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Brooklyn City Railroad v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- The Brooklyn City Railroad Company v. . WhalenNew York Court of Appeals · 1920
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
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