Ingersoll v. . Nassau Electric R.R. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 16, 1895, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from constructing, operating or maintaining any street surface railroad on Bergen street, between Rosti-and and Rogers avenues in the city of Brooklyn.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 16, 1895, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from constructing, operating or maintaining any street surface railroad on Bergen street, between Rosti-and and Rogers avenues in the city of Brooklyn. The facts, so far as material, are stated in the opinions. The constitutional amendment of 1874 made the consent of abutting owners an immediate and indispensable…
1Opinion of the Court
Parker, Ch. J.
I quite agree that if all the views expressed in the opinion in Colonial City Traction Company v. Kingston City R. R. Company (153 N. Y. 540) were intended to be applicable to every conceivable case in which the tracks of one surface railroad might be used by another, then would we, indeed, be placed in an embarrassing position, as we stand confronting a statute that has been in existence since 1839, providing that “ it shall be lawful hereafter for any railroad corporation to contract with any other railroad corporation, for the use of their respective roads, and there after to…
2Cases cited7 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . O'BrienNew York Court of Appeals · 1888
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Washington National Insurance v. Board of Review of New Jersey Unemployment Compensation CommissionSupreme Court of New Jersey · 1949
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
- De Grauw v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Matter of City of New York (Saratoga Ave.)New York Court of Appeals · 1919
23 more not listed; retrieve them via the Exa API.