Brooklyn, Queens County & Suburban Railroad v. Littleton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered -June 14,1905, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to grant to the petitioner a permit to open the pavement on Saratoga avenue in the city of Brooklyn for the purpose of constructing thereon a double-track street surface railroad. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered -June 14,1905, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendants to grant to the petitioner a permit to open the pavement on Saratoga avenue in the city of Brooklyn for the purpose of constructing thereon a double-track street surface railroad. The facts, so far as material, are stated in the opinion. The franchise to construct this railroad in Saratoga avenue has not been destroyed by lapse of time. (Kittenger v. B.…
1Opinion of the CourtHiscock, J.
The railroad company, petitioner and appellant, sought by mandamus to compel the proper authorities of the borough of Brooklyn to permit it to construct a double-track extension of its street surface railroad' upon Saratoga avenue in said, borough. The learned Appellate Division has a Hi rrned the order of the Special Term denying this application, upon the ground that the petitioner through inaction had forfeited its franchise and right to construct said extension. This determination involved the decision that the self-executing forfeiture provisions of section 5 of chapter 565 of the Laws…
2Cases cited5 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Woods v. Board of SupervisorsNew York Court of Appeals · 1893
- People Ex Rel. Ross v. . City of BrooklynNew York Court of Appeals · 1877
- People v. KoenigAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- People ex rel. Brooklyn, Queens County & Suburban Railroad v. SteersAppellate Division of the Supreme Court of the State of New York · 1913
- Shannon v. HortonAppellate Division of the Supreme Court of the State of New York · 1915