The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-06
HEIaHrs ao1D WINs Porrr
Ne EstunctIop Arn,rs, swsppi.s Use o. Tracts
. to Get to the Bridge.

70 Get To the Bridge.
Justice wilmot NJ. Smith Of the Supreme
Court In Brooklyn has rendered a decision In
FAVOR OF tho Brooklyn heights Railroad Com
pany In the litigation 70 restrain Il from oper-
atine its cars on the tracks Of the Nassau Com
pany In Adams street and on those OF the Conoy
Island and Brooklyn Railroad Company In
washington street. The Heights company
after the plans for the operation Of the trolley
lines on the bridge had been completed entered
into q contract with the other companies, Civ
ing them the privilege Of using its own tracks
on Fulton street while q like privilege was
given to 1t by the other companies 10 use the
Adams and Washington street tracks. Justice
Smith says;
Tho defendant claims tho right TO operate
It's cars over the tracks of the other two com.
panies and the curve without the consent Of
property owners and local authorities by virtue
OF a trafHc contract made between the three
companies. Until recently tho right to make
such oontraotsand 10 operate cars in pursuance
thereof was considered to be settled.
by the provision Of chapter 2ls of the Laws
of 1889. re-enacted as section 70 OF the Railroad
law, It became lawful for any railroad corpora
tion to contract with any other railro ID cor
poration for The use Of their respective roads.
and thereafter to use tho same in such manner
as may be prescribed be said contract.
In the case OF lngersoll VS.. Nassau Railroad,
100 Hun, 2l3), decidedly the General Term OF
this department. after the enactment of sec
tion 81 Of the Railroad law, 1t was unequivo-
celly decided that new consents were not neces-
aary In the case Of traffic contracts.'
Justice. Smith quotes two decisions, which he
says are conclusive of the riRht.of the contract
Ing companies to operate their cars over the lines
Of each other without new, consents, unless these
Court Of Appeals.' Then he cites tho well-known
case OF the Colonial City Traction Company va.
the Kingston City Railroad Company and ays:
That was 9 proceeding, Of one company to
company under the provisions Of section lO2 Of
the Railroad. Jaw, in order to connect and make
. continuous route for the company taking the
proceedings. The court held that the pro-
piled, and that the company taking the proceed
tngs had. no standing In court until 1t first oh
tanned the. consents Of the property owners
along the line Of the route sought to be con-
who wrote the opinion. that the consents of the
property owners would be necessary, even IL
the one company consented that the tracks be
used by the other comp my, was obviously q
dictum of the Judge, as he himself clearly init
mated In writing the opinion upon the motion
for q reargument. The effect of tho provision
OF section 70 Of the Railroad law is not consid-
cred in the Kingston case. The provisions Of
the section were not referred to, and the opin-
lon of the court upon the r~eargument makes
It absolutely clear that the court did not de-
eide or intend to decide in that case that the
consents OF the property owners ana local au-
thorlties would be cssential:to the operation
by the railroad corporation of its cars over the
tracks:of another railroad corporation by. virtue
of q traffic contract under the provisions of
section 7S of the Railroad law"
Justice Smith concludes that the decisions in
the The two Two S Snsss he &c cited ed have have not r been m oTerru lice:
denied, with $40 costs to abide the event. The
case will be appealed.