Legal Opinion

City of Brooklyn v. Brooklyn City & Newtown Railroad

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

Decided December 15, 1896PublishedCited by 2 opinions

Appeal from Kings county court. Action by the city of Brooklyn against the Brooklyn City & Newtown Railroad Company to recover the penalty for violating the ordinance of the city regulating the speed of electric street cars. There was judgment for plaintiff, which was reversed by the county court, and plaintiff appeals.

1Opinion of the CourtCullen, J.

This action was brought to recover a penalty for a violation of the following city ordinance:

“Section 1, Rate of Speed. No street surface railroad car operated by electricity in any of the streets, avenues or public places of the city of Brooklyn shall be run at a rate of speed to exceed six miles an hour within a radius of one and one-half miles from the city hall, or within a radius of two miles of the Broadway ferries, nor in any other part of the first twenty-eight wards of said city at a rate of speed to exceed eight miles an hour. Penalty: Any corporation whose officers, agents or…

2Cases cited3 opinions

  1. The People v. . ConroyNew York Court of Appeals · 1884
  2. Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
  3. Rogers v. AckermanNew York Supreme Court · 1856

3Cited by2 opinions

  1. Putnam Foundry & Machine Co. v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
  2. Reeves v. FrostAppellate Division of the Supreme Court of the State of New York · 1897

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