Majority
p. 1138PEOPLE ex rel. BROOKLYN HEIGHTS R. CO. v. COLER, Borough President. (Supreme Court, Appellate Division, Second Department. March 12, 1909.)
Headnote
Appeal from Special Term, Kings County. Mandamus by the people, on relation of the Brooklyn Heights Railroad Company, against Bird S. Oder, president of the borough of Brooklyn. From an order granting a peremptory writ, defendant appeals. Affirmed. James D. Bell, for appellant. Charles L. Woody, for respondent.The validity of the consent given on February 5, 1894, by the highway commissioners of the town of Flatlands, to the construction of a street surface railroad upon Nostrand avenue, from the line dividing the former towns of Flatbush and Flatlands to the line of division between said town of Flatlands and the former town of Gravesend, has recently been considered by this court, and its validity affirmed. People ex rel. Westminster Heights Co. v. Coler, 121 App. Div. 293 , 105 N. Y. Supp. 887 . The relator is clearly entitled to maintain this proceeding, if such consent was valid. The order appealed from should be affirmed, with $10 costs and disbursements.