Legal Opinion
People v. Brooklyn & Queens Transit Corp.
New York Court of Appeals
Decided April 20, 1937PublishedCited by 25 opinions
1Opinion of the CourtHubbs, J.
The only question presented for determination upon this appeal is whether the land involved is a “ public street or highway.” Upon that issue, the burden of proof was upon the People to establish beyond a reasonable doubt that the land in question constituted a public highway or street. (People v. Sutherland, 252 N. Y. 86.) The Court of Special Sessions had jurisdiction to determine that question, as the issue was not as to the title of land but as to whether the particular land constituted a “ public street or highway.” (People v. Loehfelm, 102 N. Y. 1.)
The information charged that “ The…
2Cases cited5 opinions
- Cook v. . HarrisNew York Court of Appeals · 1875
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876
- People v. SutherlandNew York Court of Appeals · 1929
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
- The People v. . LoehfelmNew York Court of Appeals · 1886
3Cited by25 opinions
- Manhattan Community Access Corp. v. HalleckSupreme Court of the United States · 2019
- Goldrich v. Franklin Gardens Corp.Appellate Division of the Supreme Court of the State of New York · 1953
- EPG Assoc., LP v. Cascadilla Sch.Appellate Division of the Supreme Court of the State of New York · 2021
- Perlmutter v. Four Star Development AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Desotelle v. Town Board of Schuyler FallsAppellate Division of the Supreme Court of the State of New York · 2003
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