115 N.Y. 380 | NY | 1889
This action was begun in Rovember, 1884, to recover damages from the Long Island Railroad Company for breach of a written contract purporting to have been made on the 31st day of May, 1879, between the “ Brooklyn, Flat-bush and Coney Island Railway Company,” of the first part, “ Thomas R. Sharp-, as receiver,” of the property, etc., of the Long Island Railroad Company, of the second part, the “ Long Island Railroad Company,” of the third part, and the “Atlantic Avenue Railroad Company of Brooklyn,” of the fourth part. It was, by its terms, to continue for a period of five years from its date. The Brooklyn, Flatbush and Coney Island Railroad Company and the Long Island Railroad Company were severally the owners and operators of railways, and, ■so far as is material to any question calling for our discussion, the terms of the contract were such that the first named company was required to extend and maintain its track at its own expense, but in a manner satisfactory to the other company, from its then terminus at Bedford station, so that it should connect with the tracks of the Long Island Railroad Company on Atlantic avenue, and thus form continuous lines of double track railroad between the depots of that company at Flatbush avenue and East Rew York, and the depot of the Brooklyn,
It was also provided that the party of the first part “ (the B. F. & C. Co.) ” shall begin to run trains from Flatbush avenue to Brighton Beach, and the party of the second part “ (the L. I. R. R. Co.) ” from Long Island City to Brighton Beach, on or before the fifteenth day of June in each year, and shall run every day thereafter, Sundays excepted, until the first day of October, at least twelve trains each way.” Other payments were provided for, growing out of these arrangements for the use of each other’s track, and it was agreed that full statements of the business done • under the agreement should be given to each party by the other at stated intervals, and that the books of the several companies should be open to the other’s inspection. The receivership of the Long Island Railroad terminated in October, 1881, and the road was restored
The judgment appealed from should be affirmed.
All concur.
. .Judgment affirmed.