Brooklyn Elevated Railroad v. Nagel
New York Supreme Court
Appeal from special term, Kings county. Application by the Brooklyn Elevated Railroad Company to acquire title to real estate or right of way on Myrtle avenue in the-city of Brooklyn. From an order condemning an easement appurtenant to the premises of John S. Nagel and others, said Nagel, and others appeal. Affirmed.
1Opinion of the CourtCullen, J.
This is" an appeal from an order made at special term condemning the- easement appurtenant to defendant’s premises, invaded or taken by the construction and operation of petitioner’s elevated railroad. An answer was interposed, testimony taken, and thereafter the application granted. Many objections, are made to granting the application, some of which only it is necessary to notice. In re Union El. R. Co. of Brooklyn, 112 N. Y._ 61, 19 N. E. 664, is conclusive as to the validity of the franchise-of the lessor of the petitioner to build and maintain its road. The power of the lessor company to…
2Cases cited3 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
3Cited by5 opinions
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- New York Central & Hudson River Railroad v. MathewsAppellate Division of the Supreme Court of the State of New York · 1911
- City of Johnstown v. WadeAppellate Division of the Supreme Court of the State of New York · 1898
- In re WilderAppellate Division of the Supreme Court of the State of New York · 1904
- City of Johnstown v. WadeAppellate Division of the Supreme Court of the State of New York · 1898