Brook'n Steam Transit Co. v. . City of Brook'n
New York Court of Appeals
Appeal from juclment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff to restrain defendant from interfering with the construction of its road in the defendant’s streets. The facts are set forth in the opinion.
Read the full summary
Appeal from juclment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff to restrain defendant from interfering with the construction of its road in the defendant’s streets. The facts are set forth in the opinion. The condition imposed by section seventeen of the charter (Laws 1871, chap. 940), is not a condition precedent, or a limitation upon the grant of corporate power, which terminated the company’s existence upon failure…
1Opinion of the CourtEarl, J.
This action was commenced August 31, 1878, to restrain the defendant from interfering with the plaintiff in the construction of its road.
The action was defended upon the sole ground that the plaintiff did not have such corporate existence as authorized it to construct its road in the streets of the city, and whether it did have such existence, is the sole question for our determination.
The plaintiff was incorporated under the act chapter 940, of the Laws of 1871, entitled “An act to incorporate the Brooklyn Steam Transit Company.” The first section of the act provides that Samuel McLean and…
2Cases cited2 opinions
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- In re Brooklyn, Winfield & Newtown RailroadNew York Court of Appeals · 1878
3Cited by34 opinions
- Brock v. . PoorNew York Court of Appeals · 1915
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
29 more not listed; retrieve them via the Exa API.