In re Atlantic Avenue Elevated Railroad
Opinion of the Court
This is an application for the confirmation of the report of the commissioners appointed to determine whether an elevated railroad ought to be constructed in certain streets in the city of Brooklyn, and although three separate routes are included in the scheme, yet the opposition to the report seems to be directed mainly against route Eb. 1, which' is projected over Atlantic avenue. That avenue is one of the great thoroughfares of the city of Brooklyn, and its condition is described in the report of the commissioners as follows: “ The condition of Atlantic avenue at the present time is this: The street is six and one-half miles long from the ferry to the city line. Between South ferry and Fifth avenue the. sidewalks are each twenty feet wide, and the road-way sixty, making the whole street one hundred feet
■ The occupation of a strip 28 feet wide, through the middle of the street from Flatbush avenue east to the city limits, by a surface railroad fenced on both sides, substantially destroys the street for the purposes of public travel; not only so, but it practically cuts the city into two parts. It cannot be crossed except at the street crossings, and then only at great peril, and some relief from such a situation becomes an obvious necessity. So it will be perceived that the commissioners were not entirely untrammeled in selecting and determining the best means to be adopted for the relief of Atlantic avenue. The Long Island Railroad Company had fastened itself upon the street, and secured the right to retain its possession, and the alternative was presented to the commissioners of reporting in favor of the construction of an elevated road by harmonious action with that corporation or- leaving the avenue in its present deplorable condition. They possessed no authority to require a depressed road, and could only report-in favor of or against an elevated structure. Under such circumstances, their determination was plainly a judicious one. By it they secure the removal of the surface obstructions and the restoration of that broad and capacious avenue to its original capacity and utility, and open up a great highway through the entire city from the East river to the outer bounds of the corporation. It is true the elevated structure is to be built and operated over the avenue, and damage and inconvenience will result to private parties from its construction and operation, but ample compensation can be made for all such injuries, and the resulting benefits to the ■city and the public will more than countervail all resulting loss and inconvenience. The great advantage to be secured by the successful consummation of the projects which these commissioners have approved will be the /freedom of the entire surface of the avenue and its adaptability for public travel. . This wide way is the straight line of passage through Brooklyn to Hew York city, and as such its importance can scarcely be overestimated. :So the adaptability of Atlantic avenue to the construction and operation of an elevated railroad is obvious at first glance. Its great width will reduce the extent of interference of the railroad with private interests-and enjoy
Case-law data current through December 31, 2025. Source: CourtListener bulk data.