Stranahan v. . Sea View Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 30, 3880, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from constructing its road across the highway or avenue in Kings county known as “ Ocean Parkway.” The fhcts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 30, 3880, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from constructing its road across the highway or avenue in Kings county known as “ Ocean Parkway.” The fhcts appear sufficiently in the opinion. The declaration of the act authorizing the construction of the Ocean Parkway that it is a highway, means only that it is a highway in a limited sense, and not one to be…
1Opinion of the CourtEarl, J.
The determination of this case depends upon the construction of various acts of the legislature, the first of which is the act chapter 861 of the Laws of 1869, entitled “An act to lay out and improve a public highway or avenue from Prospect park, in the city of Brooklyn, toward Coney Island, in the county of Kings.” That act authorized and directed the Brooklyn park commissioners to lay out a public highway or avenue, not more than two hundred and ten feet wide, from Prospect park to the lands of the Prospect Park Fair Grounds Association, and to acquire lands for, and to open arid grade the…
2Cases cited1 opinion
- Matter of City of BuffaloNew York Court of Appeals · 1877
3Cited by6 opinions
- Franklin & Pittsylvania Railway Co. v. ShoemakerSupreme Court of Virginia · 1931
- Jackson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Gainesville Midland Railroad Co. v. AllenCourt of Appeals of Georgia · 1945
- Prospect Park & Coney Island Railroad v. Coney Island & Brooklyn RailroadNew York Supreme Court · 1892
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