89 N.Y.S. 603 | N.Y. App. Div. | 1904
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 arrangementií£ ‘ it can get permission to -do so, but the commissioner, of parks for the borough of Brooklyn refuses to grant such permission, except under conditions, which, relate, not. to. the construction or location of its. tracks, hut to- the method of operating its cars- after the. tracks are laid. This would, obviously, result in permitting the- commissioner of parks to determine the, method of' operating the entire line of railroad, for it would be impracticable to- operate, a different system
The railroad company not unnaturally refused to accept this permit, and the matter was allowed to rest until the present proceeding was instituted. The franchise granted to the Bushwick Railroad Company to construct and operate its lines over Kingston avenue from Fulton street to the city line, coupled with the. actual construction and operation of such line, as fast as the avenue was opened to public use, vested in. that corporation and its: successors the right to continue its. lines across the Eastern parkway, subject, to such
The order appealed from should be affirmed.
All concurred.
Order affirmed, with ten dollars costs and disbursements. .