Brooklyn Hills Improvement Co. v. New York & Rockaway Beach Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Brooklyn Hills Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 3d day of July, 1902, upon the verdict of a jury for six cents damages, and also from an order entered in said clerk’s office on the 2d day of July, 19C2, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
In February, 1892, plaintiff was the owner of 170 acres of land adjacent to the defendant’s railroad. On the sixth day of February of that year the parties entered into a contract by the terms of which, upon an adequate consideration, the defendant agreed to establish a railroad station on the property of the plaintiff, twenty-eight feet distant from its track, to stop at such station all of its Rockaway Beach trains, and to give particular attention to trains west bound into Brooklyn between six and nine o’clock in the morning, and east bound out of Brooklyn between five and seven…
2Cases cited1 opinion
- Louisville, New Albany & Chicago Railway Co. v. SumnerIndiana Supreme Court · 1886
3Cited by2 opinions
- Pollock v. Queens Land & Title Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Rockwell v. UtzNew York Supreme Court · 1913