People Ex Rel. Linton v. Brooklyn Heights Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 15, 1902, which reversed an order of Special Term directing the issuance of a peremptory writ of mandamus pursuant to the verdict of a jury rendered on a trial of the issues raised by an alternative writ of mandamus and the returns thereto.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 15, 1902, which reversed an order of Special Term directing the issuance of a peremptory writ of mandamus pursuant to the verdict of a jury rendered on a trial of the issues raised by an alternative writ of mandamus and the returns thereto. A short time prior to April 1, 1900, two companies owned all of the elevated railroads in Brooklyn, but at that date defendant acquired by lease possession and control of all such elevated roads, and has since operated them. ' Defendant’s…
1Opinion of the Court
Pabkeb, Ch. J.
We agree with the Appellate Division that the court had no power to grant a mandamus in this proceeding.
The Railroad Law (L. 1890, ch. 565) confers upon the board of directors of every railroad corporation the power “To regulate the time and manner in which passengers and property shall be transported, and the compensation to be paid therefor” (§ 4, subd. 8), and further provides that “ Every railroad corporation shall start and run its cars for the transportation of passengers and property at regular times, to be fixed by public notice, and shall furnish sufficient…
2Cases cited4 opinions
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
- People Ex Rel. Loughran v. Board of Railroad CommissionersNew York Court of Appeals · 1899
3Cited by16 opinions
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Grady v. ArtuzDistrict Court, S.D. New York · 1996
- Honolulu Rapid Transit & Land Co. v. Territory of Hawaii Ex Rel. HemenwaySupreme Court of the United States · 1908
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
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