People ex rel. Eastern Parkway Co. v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael J. Kennedy, commissioner of p&,rks of the city of Hew York for the boroughs of Brooklyn and . Queens, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of Jüne¿ 1904, granting a perenap* tory writ of mandamus commanding him to issue a'permit to the Brooklyn.
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Appeal by the defendant, Michael J. Kennedy, commissioner of p&,rks of the city of Hew York for the boroughs of Brooklyn and . Queens, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of Jüne¿ 1904, granting a perenap* tory writ of mandamus commanding him to issue a'permit to the Brooklyn. Heights Railroad Company to- construct and extend a double-track' trolley railroad across Eastern parkway at Kingston avenue, in the borough of Brooklyp.
1Opinion of the Court
Woodward, J.:
The relator; a corporation, is interested in certain real estate, and it.brings the present proceeding'for a peremptory writ of mandamus to compel th@-granting of a permit to the. Brooklyn- Heights- Railroad Company to construct its-lines' across the Eastern parkway, for the accommodation of the people who have taken, up their residences upon the relator’s tract. It appeals that the latter has an agreement with the Brooklyn, Heights- Railroad, Company to construct this extension of its lines, and that the railroad company is ready and willing to carry cut its part of, the…
2Cases cited2 opinions
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- People ex rel. Ziegler v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
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- People ex rel. Frontier Electric Railway Co. v. City of North TonawandaNew York Supreme Court · 1910
- People ex rel. New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
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