Moore v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11,1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought among other things : (1.) To compel the defendant to discontinue the abandonment of a part of its street railroad in the town of New Utrecht.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 11,1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought among other things : (1.) To compel the defendant to discontinue the abandonment of a part of its street railroad in the town of New Utrecht. (2.) To prevent it from using the rest of the highways in the town, unless and until it maintains and operates the whole of its said railroad. The defendant, in 1853, was organized…
1Opinion of the CourtAndrews, J.
The real purpose of this action is to compel the defendant to maintain the terminus of its road at the intersection of Fort Hamilton avenue and the Shore road, as fixed by the consents of 1861, and to prevent the company from changing it from that point to a point on the Shore road, distant about 600 feet from the intersection of the two streets mentioned. The other relief demanded is auxilliary to this main purpose. The plaintiffs, in bringing the action, claim to represent the interests of the public. The findings, however, show that the proposed change in the terminus of the road is…
2Cases cited4 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- McHenry v. . JewettNew York Court of Appeals · 1882
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cornell & Clarke v. Butternutts & Oxford Turnpike Co.New York Supreme Court · 1841
3Cited by8 opinions
- State v. Wells.Supreme Court of North Carolina · 1906
- Knickerbocker Trust Co. v. Tarrytown, White Plains & Mamaroneck Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- People v. Broadway RailroadNew York Court of Appeals · 1891
- City of Elmira v. Maple-Avenue RailroadNew York Supreme Court · 1889
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
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