People Ex Rel. Markey v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming proceedings and an assessment for repaving Main street, in the city of Brooklyn, which were brought up for review upon certiorari.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming proceedings and an assessment for repaving Main street, in the city of Brooklyn, which were brought up for review upon certiorari. In January, 1861, the common council of the city granted to the Coney Island and Brooklyn Railroad Company the right to lay its tracks in said street, and run its cars thereon, by horse power, the company agreeing, among other things, to keep the pavement in repair between the tracks and for three feet on each side; this embraced the whole street save about…
1Opinion of the Court
Reynolds, C.
It is first objected that the defendant had no authority to direct the repairing of Main street at the expense of the property owners, for the reason that the Ooney Island Eailroad Company had agreed to keep a portion of the streets in repair, as one of the conditions upon which the company were allowed to run its cars over it. Assuming that the railroad company is bound to perform its agreement, it seems to be agreed that there is yet a small portion of the street upon either side of the railroad track which the city or the owners were bound to repair. I certainly see no reason…
2Cases cited1 opinion
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
3Cited by6 opinions
- Chicago, Burlington & Quincy Railroad v. City of QuincyIllinois Supreme Court · 1891
- Bryant v. Town of RandolphNew York Supreme Court · 1889
- City of New York v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Lane v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
- Tierney v. City of TroyNew York Supreme Court · 1886
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