Legal Opinion

Washington Cemetery v. Prospect Park & Coney Island Railroad

New York Court of Appeals

Decided March 20, 1877PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintifE entered upon a decision of the court at Special Term. (Reported below, 7 Hun, 655.) This action was brought to restrain defendant from constructing and operating its road over and upon a portion of Gravesend avenue, in the county of Kings, to which plaintifE claimed title. The facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintifE entered upon a decision of the court at Special Term. (Reported below, 7 Hun, 655.) This action was brought to restrain defendant from constructing and operating its road over and upon a portion of Gravesend avenue, in the county of Kings, to which plaintifE claimed title. The facts appear sufficiently in the opinion. Chapter 531, Laws of 1873, vested in defendant the fee of the land appropriated for the avenue. (Hayward v. Mayor, etc., 7 N. Y., 314;…

1Opinion of the CourtAndrews, J.

The defendant claims the right to construct and operate its railroad upon and along Gravesend avenue by virtue of the thirteenth section of chapter 531 of the Laws of 1873, as modified by chapter 307 of the Laws of 1874. The act of 1873 is entitled “An act to open, lay out and improve Gravesend avenue, in the county of Kings, and to authorize the construction of a railroad thereon ; ” and authorizes the laying out, opening and improving of an avenue 100 feet in width, extending from the city of Brooklyn through the towns of Flatbush, New Utrecht and Gravesend to Coney Island beach. By the…

2Cases cited4 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. The People v. . KerrNew York Court of Appeals · 1863
  3. Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
  4. Heyward v. . the Mayor of New YorkNew York Court of Appeals · 1852

3Cited by17 opinions

  1. Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
  2. Quick v. TaylorIndiana Supreme Court · 1888
  3. Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
  4. Railway Co. v. Telford's ExecutorsTennessee Supreme Court · 1890
  5. Murdock v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1878

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