People v. Brooklyn, Flatbush & Coney Island Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon an order dismissing the complaint on trial. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtFihoh, J.
The questions argued in this case are numerous and important, but are not all within a just construction of the issue raised by the pleading. The action was brought by the State, through its attorney-general, against the defendant corporation, to restrain it from running its cars and locomotives along and upon Atlantic avenue in the city of Brooklyn. The defendant is sued by its corporate name; it is sought to be enjoined as a corporation; and its existence as such is nowhere in the complaint denied. Its right to run its cars from Atlantic avenue to Brighton Beach is not questioned or…
2Cases cited6 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- People v. . BoothNew York Court of Appeals · 1865
- President of the Farmers' Turnpike Road v. CoventryNew York Supreme Court · 1813
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3Cited by49 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Farmland Dairies v. Commissioner Of The New York State Department Of Agriculture And MarketsCourt of Appeals for the Second Circuit · 1988
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- People v. . LoweNew York Court of Appeals · 1889
44 more not listed; retrieve them via the Exa API.