Port Richmond & Prohibition Park Electric Railroad v. Staten Island Rapid Transit Railroad
New York Supreme Court
Appeal from special term, Kings county. Action by the Port Richmond & Prohibition Park Electric Railroad Company to enjoin the Staten Island Rapid Transit Railroad Company from preventing plaintiff from crossing defendant’s track. From a judgment dismissing the complaint on the merits, plaintiff appeals.
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Appeal from special term, Kings county. Action by the Port Richmond & Prohibition Park Electric Railroad Company to enjoin the Staten Island Rapid Transit Railroad Company from preventing plaintiff from crossing defendant’s track. From a judgment dismissing the complaint on the merits, plaintiff appeals. Finding 7 is as follows: “About the end of June, 1892, the plaintiff opened a negotiation with the defendant to obtain an agreement from the defendant, giving it the right to string its wire across the defendant’s tracks. While this negotiation was pending, and before the terms and conditions…
1Opinion of the CourtPratt, J.
We think the seventh finding of fact is sustained by the evidence. From that it follows that no agreement was reached between the companies as to the crossing. If plaintiff cannot make a satisfactory arrangement, 'it must apply under the railroad act,1 which we believe to be applicable. Judgment affirmed, with costs.
The railroad act, (Laws 1890, c. 565,) § 12, is as follows: “Every railroad corporation whose road is or shall be intersected by any new railroad, shall unite with the corporation owning such new railroad in forming the necessary intersections and connections, and grant the…
2Cited by3 opinions
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- Stillwater & Mechanicville Street Railway Co. v. Boston & Maine RailroadNew York Court of Appeals · 1902
- Connolly v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898