New-York tribune., 1899-04-20

BOTH SIDES CONFIDENT.
COURT OF APPEALS DECISION IN THE
FLYNN CASE CAUSES MUCH TALK.
HOW THE OPINION OF JUDGE vANN Is REGARD
ED sy COUNSEL. FOR THE RAPID TRANSIT
COMPANY A BROOKLYN CITY
STOCKHOLDERS VIEW OF
THE PROCEEDINGS.

The opinion by Judge vann. In the Court Of
Appeals on Tuesday. in the case OF p. H. Flynn
against the Brooklyn City and Brooklyn Heights
Railroad companies, In which ne sustained the de-
cision OF the lower courts that Mr.. Flynn had
failed to make out case that had been refused
proper redress as q minority stockholder by the
directors OF the Brooklyn City Railroad. created
much discussion In Brooklyn.
Judge yanns declaration. embodied in his opin-
ion that the papers on both sides OF the case
showed that fraud and conspiracy had been entered
into BY the promoters OF the lease OF the Brooklyn
city Railroad 70 the Brooklyn Heights Railroad
Company and in the later absorption OF the latter
corpora ton by the BROOKLYN Rapid Transit Company
AZ successor OF the Long Island Traction CON-
many was regarded as surprising. In that II left
both sides In a position to claim Victory In Mr..
Flynns suit. which they did.
The most extraordinary result as II was regarded.
was the declaration by Judge Vsnn that court Of
equity would vitiate the lease OF the Brooklyn City
Railroad had Mr.. Flynns papers In the case been
technically correct. This would mean, 1t is said.
the entire wipng out or the Brooklyn Rapid Transit
Company a controlling factor IN tne stochs OF us
subsidiary companies.
Tudoe yanns opinion was yesterday commented
an bv Charles A. Collin. OF the nrm Of Sheehan g.
Collin counsel for the Brooklyn Rapid Transit
Company.
Judge vann in his opinion" said Mr. Collin.
"went beyond the precise question before him. and
fraud II the complaint had been otherwise properly
framed Judge Vann In no way intimates tnat
there was any evidence OF such fraud or that there
was any evidence whatever produced at the trai'
but merely holds the ordinary business proposition
that If fraud in making the lease should be sum
GENTLY alleged in the complaint and should De
proven on trial the lease might be set aside
But taking the worst possible view OF the ef-
feet Of the decision and assuming that Mr. Flynn
would be able in new action 10 SET ASIDE tne
lease the Brooklyn Rapid Transit Company mas
nothing to fear from sucn result In tact suGh
a result would probably be a benefit 10 the Brook
lyn Rapid Transit system. for the enect OF settns
aside the lease would be to release 70 the Brooklyn
Rapid Transit Company the sA0ovU guaran.ee
bic under the lease and 10 enable the Brooklyn
RAPID Transit Company 10 collect from the Brook
lyn City company the amount OF It's expenIiturss
for improvements and betterments upon me EIoen- t
lyn CITY system, amounting 10 nearly s9WDV"
Moreover until this construction claim was set,
tied the Brooklyn Rapid Transit Company would
City lines and all property ADDED TO the BrokoIyn
civ system since the lease, Moreover the BROOK
lyn CITY Company would have no franchise to op-
crate over the bridge ina 9 ana hs
brooklyn City Company would have arrayed
against IT, in competition for business practicalIy
in Brooklyn comprising the Brooklyn Heights, the
Brooklyn Queens County and Suburban; the Mas
sau Electric. the Brooklyn Union Elevated the sea
View. the Sea Beach. the Brighton beach, tne
Coney Island the New-York and Coney Island
and the Prospect Park and South BROOKLYN Ean-
road companies, all OF which would continue 70 pe
controlled and operated by the Brooklyn Rapid
Transit Company, constituting altogether over 81
miles OF track. with a present earning capacity o,
$1,000 Sonysiang sa w'a compee system WHICH
could be operated without using any of the tracks
of the Brooklyn City Railroad Company"