New York Court of Appeals
The People of the State of New York, Appellant v. the Brooklyn, Flatbush and Coney Island Railway Company, Respondent
May 2, 188289 N.Y. 75
Summary
The Court of Appeals affirmed the lower court's dismissal of the State's action seeking to enjoin the Atlantic Avenue Railroad Company from operating its cars on Atlantic Avenue in Brooklyn. The Court held that the statutory and constitutional provisions cited by the State did not prohibit the defendant's right to run trains, including by steam power, and that the connecting tracks were authorized under existing charters. It also concluded that the constitutional prohibition on future street‑railroad legislation was prospective and did not invalidate prior statutes or contracts.