Brooklyn Crosstown R. Co. v. Brooklyn City R. Co.
New York Supreme Court
Appeal from special term, Kings county. Application by the Brooklyn Crosstown Railroad Company to enjoin the Brooklyn City Railroad Company from operating its cars over the tracks of "the former company.
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Appeal from special term, Kings county. Application by the Brooklyn Crosstown Railroad Company to enjoin the Brooklyn City Railroad Company from operating its cars over the tracks of "the former company. Defendant answered, setting up a lease to it from the Bushwiek Railroad Company of Brooklyn, of all the fatter’s railroads, franchises, rights, etc., including the right to run its cars over plaintiff’s tracks ■under an agreement entered into between plaintiff and the Bushwiek Company, the material parts of which are as follows: “ That the party of the first part [plaintiff herein] hereby…
1Opinion of the CourtDykman, J.
This is an appeal from an order restraining the defendant from running its cars on the track of the plaintiff on Manhattan avenue, between Van Cott avenue and Greenpoint avenue, in the city of Brooklyn. There has been no trial, and the injunction was based on the pleadings and affidavits, but the important facts are undisputed, and they are these- The Bushwick Railroad Company, a corporation in the city of Brooklyn, in September, 1875, and the plaintiff, entered into a written agreement by which the Bushwick Railroad Company secured the right to run its ears over the track of the plaintiff on…
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