Stanley v. Jay Street Connecting Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Jay Street Connecting Railroad, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of August, 1917, upon the decision of the court after a trial at the Kings County Special Term.
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Appeal by the defendant, The Jay Street Connecting Railroad, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of August, 1917, upon the decision of the court after a trial at the Kings County Special Term. The judgment enjoined defendant from maintaining a railroad in Plymouth street, Brooklyn, in front of the premises of plaintiff’s testator, and directed the removal of its tracks therefrom. The defendant maintains a terminal or connecting railroad with tracks running through certain streets in a section…
1Opinion of the Court
Blackmar, J.:
Two questions arise on this appeal which are entirely distinct and should not be confused: First, is the railroad unlawfully on the street as to the public, and, second, does it impair plaintiff’s easements in the streets appurtenant to his abutting property?
The right to use the streets as highways is in the public at large. The Legislature, representing the people, controls the right and can modify or abolish it at pleasure. I know of no limitation to that power except under sections 18 and 20 of article 3 of the Constitution. Providing it is not done by private or local bill,…
2Cases cited13 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
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3Cited by5 opinions
- Sheils v. FlynnAppellate Division of the Supreme Court of the State of New York · 1937
- Sheils v. FlynnNew York Supreme Court · 1937
- Home Gas Co. v. EckersonNew York County Court, Rockland County · 1950
- Brady v. Genesee & Wyoming RailroadAppellate Division of the Supreme Court of the State of New York · 1996
- Brooklyn Trust Co. v. Brislin Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1933