Nassau Electric Railroad v. White

Clement, Cli. J.

The plaintiff alleges in its complaint that it is a street railway company duly incorporated and authorized to lay and operate its railroad on Ocean avenue in the thirty-first ward, formerly Gravesend. The complaint also sets forth that the company obtained the consent of the highway commissioners of Gravesend before the town was taken into the city, and that it had obtained the constitutional consent of the property owners. The latter two allegations are denied in the answer in a manner authorized by the Code. § 500. The company applied to the defendant commissioner of city…