Brooklyn City & Newtown Rail Road v. Coney Island & Brooklyn Rail Road
New York Supreme Court
THE routes which these two companies contemplate to operate, enter the city of Brooklyn from opposite directions, converge towards Fulton ferry, and in Water street (leading to the ferry and two blocks from it) they unite. On the 27th of June, 1861, the defendant proceeded to construct, as a part of its route, a railway in Water street, and nearly finished a double track through the two blocks. The plaintiff, at this time, had not taken possession of any part of its route.
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THE routes which these two companies contemplate to operate, enter the city of Brooklyn from opposite directions, converge towards Fulton ferry, and in Water street (leading to the ferry and two blocks from it) they unite. On the 27th of June, 1861, the defendant proceeded to construct, as a part of its route, a railway in Water street, and nearly finished a double track through the two blocks. The plaintiff, at this time, had not taken possession of any part of its route. The plaintiff, claiming an exclusive railway franchise in the street, obtained an injunction excluding the defendant from…
1Opinion of the Court
By the Court, Emott, J.
The plaintiffs are a corporation, formed under the general rail road act of the state, to construct and operate a rail road from the city of Brooklyn to Newtown, in Queens county. In order to lay down their road through the streets of the city of Brooklyn, they required the assent of the city authorities. (Gen. Rail Road Act, Laws of 1850, § 28, subd. 5.) Accordingly, on the 30th day of July, 1860, they procured from the common council of the city of Brooklyn authority to construct and maintain *366their road through certain streets of said city, of which Water street is…
2Cases cited3 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860
- Brooklyn Central & Jamaica Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1861
3Cited by7 opinions
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Nichols v. Ann Arbor & Ypsilanti Street Railway Co.Michigan Supreme Court · 1891
- People v. KerrNew York Supreme Court · 1862
- Hinchman v. Paterson Horse RailroadNew Jersey Court of Chancery · 1864
- Enton v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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