McDermott v. Nassau Electric Railroad
New York Supreme Court
Appeal from special term, Kings county. Action by James W. McDermott against the Nassau Electric Railroad Company for an injunction. A motion for a preliminary injunction was denied, and plaintiff appeals. Affirmed.
1Opinion of the CourtBrown, P. J.
The plaintiff is the owner of a lot of land fronting on Marcy avenue, opposite Tompkins park, a public park of the city of Brooklyn, and this action is brought to restrain the defendant from constructing a surface railroad on that part of said avenue on which said park fronts. The railroad law of 1890 (chapter 565, § 91) contained the following provision in relation to surface railroad companies obtaining the consents of property owners to the construction and operation of their roads:
“But when such railroad runs through a street or avenue bounded on one side by a public square or park, the…
2Cases cited3 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- Moore v. . MausertNew York Court of Appeals · 1872
- People v. . WilmerdingNew York Court of Appeals · 1893
3Cited by9 opinions
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- State v. LightnerOregon Supreme Court · 1915
- Town of Wirt v. Board of Supr'sNew York Supreme Court · 1895
- Barker v. Town of FloydAppellate Division of the Supreme Court of the State of New York · 1901
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