Brooklyn, Queens County & Suburban Railroad v. Bird

The newly discovered evidence upon which this motion for a new trial is made consists of the proceedings to open Marion street and Hopkins avenue instituted in 1869 and 1872, respectively. In these proceeding’s it was determined that the ownership of that portion of the cut-off taken for street purposes was the property of the Brooklyn, and Jamaica Turnpike Company. It is claimed that this determination in the street opening proceedings is res adjvdicaia as to owners of property in the cut-off not taken for street purposes.. The street opening proceedings were taken pursuant to the charter of…