Brooklyn Heights R.R. Co. v. . Steers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 7, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact show that the said spur- or switch was devoted to a public use and is a part of the plaintiff’s railroad.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 7, 1913, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact show that the said spur- or switch was devoted to a public use and is a part of the plaintiff’s railroad. (Matter of Stillwater v. Met. St. Ry. Co., 171 N. Y. 697; Degraw v. L. I. E. Ry. Co., 43 App. Div. 502; 163 N. Y. 507; Ingersoll…
1Opinion of the CourtCardozo, J.
The plaintiff, a street railroad corporation, has built a spur between its main tracks and a. factory held in private ownership. The city of New York has ordered that the spur be removed. The question - is whether it constitutes an illegal obstruction of the highway.
The Arabol Manufacturing Company is a corporation engaged in the manufacture and sale of paste and similar products. It has a factory at 56 Nostrand avenue, Brooklyn. The spur or siding in controversy connects this factory through a curved turnout with the tracks in the centre of the street. It was built in 1904 by the plaintiff,…
2Cases cited6 opinions
- Gushee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Lincoln Safe Deposit Co. v. City of New YorkNew York Court of Appeals · 1913
- Bklyn. Heights R.R. Co. v. . City of BrooklynNew York Court of Appeals · 1897
- Clarke v. . BlackmarNew York Court of Appeals · 1871
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3Cited by7 opinions
- Williams v. HylanAppellate Division of the Supreme Court of the State of New York · 1928
- United States v. TuroffDistrict Court, E.D. New York · 1988
- City of New York v. . Brooklyn City R.R. Co.New York Court of Appeals · 1922
- Matter of LowNew York Court of Appeals · 1922
- Kesbec, Inc. v. City of New YorkNew York Supreme Court · 1946
2 more not listed; retrieve them via the Exa API.