Brooklyn City Railroad v. Whalen

Headnote

New York city — bus and stage lines — street railways — when cortbplaint, in action by street railway to enjoin operation by city of bus or stage line paralleling its tracks, states cause of action.

Brooklyn City R. R. Co. v. Whalen, 191 App. Div. 737 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial .department, entered May 11, 1920, which affirmed an order of Special Term granting a motion for a temporary injunctio.n to restrain the operation of certain motor bus routes in the city of Brooklyn. The following questions were certified: “First. Does the complaint herein state a cause of action for an injunction? Second. Has the board of estimate and apportionment of the city of New York power to authorize the commissioner of plant and structures of said city legally to establish, to maintain and to work motor vehicle lines in the streets of the said city? Third. Do the Public Service Commissions Law and the Transportation Corporations Law apply to motor vehicle lines which are attempted to be worked by the commissioner of plant and structures of the city of New York under vote therefor from the board of estimate and apportionment of said city? Fourth. Does section 74 of the Greater New York charter apply to motor vehicle lines attempted to be worked by the commissioner of plant and structures of the city of New York under the vote of the board of estimate and apportionment of said city? ” The plaintiff, a street railroad company, owns and operates lines of surface cars in Brooklyn. In the fall of 1919 the board of estimate and apportionment authorized the defendant to operate motor vehicles for the carrying of passengers on certain prescribed routes. Pursuant thereto he established routes, and under his authority and supervision lines of

motor vehicles, stages or omnibuses are running over the routes specified in the order and paralleling the tracks of the plaintiff company. This action was brought to enjoin the defendant from maintaining and operating the stage lines of motor vehicles.