Legal Opinion

Brooklyn Elevated Railroad v. City of Brooklyn

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1896PublishedCited by 11 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Cullen, J.:

The defendant,, the City of Brooklyn, constructed a sewer through Marcy and other avenues which intersect Lexington avenue, upon which lattér street plaintiff maintains an elevated railroad. The contract of the defendant for the construction of the sewer provided that the contractor should support the sides of the excavation with suitable plank and shoring. In the progress of the work this requirement was complied- with, but on account of the proximity of plaintiff’s structure to the excavation for the sewer, proper regard for the safety of the traveling public, to guard against…

2Cases cited4 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  3. Manhattan Ry. Co. v. Mayor of New YorkNew York Supreme Court · 1895
  4. Dry Dock, East Broadway & Battery Railroad v. Mayor of New YorkNew York Supreme Court · 1869

3Cited by11 opinions

  1. In Re ForsstromArizona Supreme Court · 1934
  2. Chace Trucking Co. v. Richmond Light & RailroadNew York Court of Appeals · 1919
  3. Ocean Shore Railroad Co. v. DoelgerCalifornia Court of Appeal · 1954
  4. Portland Gas & Coke Co. v. GiebischOregon Supreme Court · 1917
  5. New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908

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