Legal Opinion

Brooklyn Heights Railroad v. Brooklyn City Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1908PublishedCited by 12 opinions

Appeal by the defendant from a judgment'-of the Supreme Court in favor Of the plaintiff, entered in. the office of the clerk of the county of King's on the 6th-day of February, 1907. .' * Judgment affirmed, with costs, on the opinion of Hr. Justice Burr at Special Term.* Jenks, Hooker, Gay nor and Rich, JJ., concurred; Hirschberg, P. J., not voting.

1Opinion of the Court

The following is. the opinion of the court below : •

Burr, J.:

By an instrument dated on the 14th day of February-, 1893, the defendant leased to the plaintiff the railroads Owned, constructed or operated by it,- and also all real estate owned by it. situate in either of the, counties of Kings or Queens. By this instrument it was, among Other things, provided that-if the continued use of any real estate included in or covered by the terms of said lease should not be necessary or required for the maintenance or operation of said railroads, their extensions or branches, then the defendant with…

2Cases cited6 opinions

  1. Head v. HargraveSupreme Court of the United States · 1882
  2. Hull v. . LittauerNew York Court of Appeals · 1900
  3. Kavanagh v. . WilsonNew York Court of Appeals · 1877
  4. Gildersleeve v. . LandonNew York Court of Appeals · 1878
  5. Second National Bank v. WestonNew York Court of Appeals · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
  2. In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
  3. Colley v. SappSupreme Court of Oklahoma · 1914
  4. Tubiola v. BakerAppellate Division of the Supreme Court of the State of New York · 1929
  5. Steele v. HammondAppellate Division of the Supreme Court of the State of New York · 1910

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API