Coney Island & G. Railway Co. v. Coney Island & B. R. Co.

The parties to this action submitted the controversy existing between them to the court upon an agreed statement of facts, and the question which is presented for determination became solely one of law. So far as material to the present discussion, it appears that the defendant the Coney Island & Brooldyn Railroad Company had authority to construct and operate a street railroad upon Neptune avenue between West Sixth street and East Fourteenth street, in the town of Gravesend. The right so to construct its tracks over this route was determined by this court in Trelford v. Railroad Co., 5 App.…