Brooklyn Central & Jamaica Rail Road v. Brooklyn City Rail Road

By the Court,

Brown, J.

The justice who heard the motion for an injunction in this action, at the special term, determined that crossing the railway of the plaintiff by the rails and horse cars of the defendant, was not an appropriation of the property- of the former to the use of the latter, but a mode of exercising the public right of passage and travel over the highway known as Atlantic street when such rail was laid down. From this judgment we cannot dissent, for we ought not, upon a motion for a preliminary injunction, to affirm what has not yet been authoritatively affirmed in any…