People ex rel. Linton v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
.Appeal by the- defendant, The Brooklyn Heights Railroad Com-, pany, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of July, 1901, after a trial of the issues before a jury, directing the issuance of a peremptory" writ of mandamus commanding the defendant to- operate its elevated railroad system, from and between the termini of. the.
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.Appeal by the- defendant, The Brooklyn Heights Railroad Com-, pany, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of July, 1901, after a trial of the issues before a jury, directing the issuance of a peremptory" writ of mandamus commanding the defendant to- operate its elevated railroad system, from and between the termini of. the. Brooklyn" Bridge .and Broadway Ferry and the terminus at Cypress Hills, in the same manner as it was operated prior to the 1st day of April, 1900, and also…
1Opinion of the Court
Woodward, J.:
The law is well settled that a writ of mandamus to compel a railroad corporation to do a particular act in constructing its road or buildings, or in running its trains, can be issued only when there is a specific legal duty on its part to do that act, and clear proof of a breach of that duty (Northern Pacific Railroad v. Dustin, 142 U. S. 492, 498; People v. N. Y., L. E. & W. R. R. Co., 104 N. Y. 58, 66, 67), and the jury having found, upon a trial of the issues raised, by an alternative writ of mandamus, that “ public necessity or convenience require that the defendant operate…
2Cases cited7 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1896
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912
- McGilvra v. Seattle Electric Co.Washington Supreme Court · 1910
- Millard v. AdamsAppellate Division of the Supreme Court of the State of New York · 1910
- Puget Sound Traction, Light & Power Co. v. Public Service CommissionWashington Supreme Court · 1918