City of New York v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of January, 1919, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Page, J.:
The action was brought to recover for the expense of repaving Graham avenue between Conselyea street and Richardson street in the borough of Brooklyn between the tracks, the rails of the tracks and two feet in width outside of the tracks of the street surface railroad maintained and operated by the defendant upon said street.
The facts as they appear from the pleadings were that *133in 1914 the city excavated this portion of Graham avenue for the purpose of putting in a sewer and compelled the defendant to remove its tracks. After the excavation was completed on or about the 1st of…
2Cases cited1 opinion
- Swift v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- McCarthy v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1938