Roosa v. Brooklyn Heights Railroad
New York Supreme Court
Action to recover penalty, under section 104 of the Railroad Law, for refusing to transfer plaintiff from one to another of defendant’s leased lines.
1Opinion of the CourtMaddox, J.
The statutory authority to contract for the use of the road, or of a part thereof, of one railroad corporation by another such corporation involves the right to lease the same (Woodruff v. Erie R. Co., 93 N. Y. 616; Beveridge v. N. Y. El. R. R. Co., 112 id. 21), and the distinction between such contracts, i. €., one for the use and the other a lease, is well recognized by judicial authority and by legislative enactment.
While all leases are contracts, it is equally true that a contract for the use of a railroad or of a part thereof is not a lease (Brooklyn Crosstown R. R. Co. v. Brooklyn City…
2Cases cited2 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Brooklyn Crosstown R. Co. v. Brooklyn City R. Co.New York Supreme Court · 1889