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pany. The court held that under the agreement for the joint construction “the parties obtained an equal right to use this piece of track for all of the purposes for which they might find occasion, either in their business, which then existed, or in their subsequent development and extension, there being no limitation, except that one may not be permitted to impair the right existing in the other.

147 The Coney Island & East River Railway Company

(Brooklyn) Incorporation. September 29, 1876; General Railroad Law of 1850; corporate life, 50 years; capital stock, $250,000; route (about seven miles) as follows:

Commencing on Coney Island beach in Kings County, state of New York, east of what is known as the Ocean parkway, now being constructed, and running thence by the most direct and feasible route to and into the city of Brooklyn, in said county and terminating at or near Atlantic avenue, between Clinton and New York avenues, in said city of Brooklyn.

Maps. The Company filed in the register's office of Kings County, maps as follows:

October 2, 1876, a route map; October 9, 1876, a nap and profile of its route from Atlantic avenue to ocean; August 10, 1877, map showing alteration of route.

Special franchises. October 9, 1876, by resolution of the common council of the city of Brooklyn, the Company obtained a franchise to construct its road on streets as follows:

Through the city of Brooklyn from the line between the city and the town of Flatbush to Atlantic avenue, and to cross Washington avenue and the various streets lying between Atlantic avenue and the Flatbush line, at or near the various points designated on the map of the route of the said railway company now on file in the office of the register of Kings County, said road to cross Eastern parkway by a tunnel to be constructed under the same, the said railway to cross Carroll, President, Union, Degraw, Douglass and Butler streets by an open cut not less than eight feet below the grade of said streets.

Intercorporate relations. (See also chart IV, no. 80.) By joint agreement dated July 7, 1877, entered into between this Company and the Flatbush and Coney Island, Park and Concourse Railroad Company, this Company, together with the latter Company were merged and consolidated to form the Brooklyn, Flatbush and Coney Island Railway Company (no. 93). This certificate of merger and consolidation was filed in the secretary of state's office September 13, 1877.

Construction. In the state engineer's report, 1876, a statement appears that the Company was then constructing its road. No other record of any construction.

148 Coney Island and Gravesend Railway Company

(Brooklyn) Incorporation. March 22, 1893; chapter 39, laws of 1890, and chapter 676, laws of 1892; for purpose of constructing a street surface railroad; corporate life, 100 years; capital stock, $350,000; route (about 34 miles) as follows:

Beginning at a point on Nostrand avenue at the boundary line of division between the towns of Gravesend and Flatlands at or near the point formed by the intersection of Avenue Q and Nostrand avenue; thence along the surface of Nostrand avenue to Avenue U; thence along the surface of Avenue U to Bragg street; thence along the surface of Bragg street to Emmons avenue; thence along the surface of Emmons avenue to Neptune avenue; thence along the surface of Neptune avenue (sometimes called Coney Island plankroad) to West Sixth street; thence along the surface of West Sixth street to Neptune avenue again; thence along the surface of Neptune avenue to West Eighth street; thence along the surface of West Eighth street to the Atlantic ocean.

Also from the intersection of West Eighth street and Surf avenue where the same intersects the route above described and along the surface of Surf avenue to West 35th street; thence along the surface of West 35th street to Neptune avenue; thence along the surface of Neptune avenue to West Eighth street; to and intersecting with the route above described.

Also from the intersection of Emmons avenue and East 14th street where the same intersects the route above described and thence along the surface of East 14th street to Voorhies avenue; thence along the surface of Voorhies avenue to Shellbank creek so-called. The length of said route and branches is about 9.25 miles.

Also beginning at a point on Ocean avenue at the boundary line of division between the towns of Gravesend and Flatlands, thence along the surface of said Ocean avenue to Emmons avenue to and intersecting with the route and branches thereof above described. The length of the said route and branches is about 2.36 miles.

Also beginning at the intersection of Nostrand avenue and Avenue Q where the same intersects the routes and branches above described, and thence along the surface of Avenue Q to Kings Highway road; thence along the surface of Kings Highway road to 22d avenue and 78th street; thence along the surface of 78th street to 23d avenue; thence along the surface of 23d avenue to Cropsey avenue; thence along the surface of Cropsey avenue to Harway avenue; thence along the surface of Harway avenue to Avenue Z; thence along and across the surface of Avenue Z to West 18th street; thence along the surface of West 18th street to West 17th street; thence along the surface of West 17th street to Surf avenue to and intersecting with the route and branches thereof above described. The length of the said route or branch is about five miles.

Also beginning at a point on the intersection of 86th street and 25th avenue; thence along the surface of 86th street to Shell road and Gravesend avenue; thence along the surface of Shell road to Neptune avenue to and intersecting with the route and branches thereof above described. The length of the above route or branch is about 2.5 miles.

Also beginning at a point formed by the intersection of 22d avenue and West street; thence along the surface of West street to Kings Highway road; thence along the surface of Kings Highway road to Van Sicklen street; thence along the surface of Van Sicklen street to S6th street to and intersecting with the route and branches thereof above described. The length of said route or branch is about 2 miles.

Also beginning at a point fornied by the intersection of 23d avenue and Warehouse avenue; thence along the surface of Warehouse avenue to Surf avenue to and intersecting with the route and branches thereof above described. The length of said route or branch is about 1.5 miles.

Also beginning at a point formed by the intersection of 22d avenue and Stillwell avenue, thence along the surface of Stillwell avenue to Surf avenue, to and intersecting with the route and branches thereof above described. The length of said route or branch is about 1.33 miles.

Also beginning at a point formed by the intersection of Avenue G and East 14th street, thence along the surface of East 14th street to Voorhies avenue to and intersecting with the route and branches thereof above described. The length of said route or branch is about 3.25 miles.

Also beginning at Bath avenue in said town of Gravesend at the boundary line between the towns of New Utrecht and Gravesend; thence through and running along the surface of Bath avenue to Bay 37th street; thence through and along the surface of Bay 37th street to Cropsey avenue, to and intersecting with the route and branches thereof above described. The length of said route or branch is about one-third of a mile.

Also beginning at Benson avenue where the same intersects the town line of the towns of New Utrecht and Gravesend and running through and along the surface of Benson avenue to Bay 37th street; thence through and along the surface of Bay 37th street to Bath avenue to and intersecting with the route and branches thereof above described. The length of said route or branch is about one-third of a mile.

Also beginning at the intersection of Mermaid avenue and Stillwell avenue where the same intersects the route and branches thereof above described and thence along the surface of Mermaid avenue to West 35th street to and intersecting with the route and branches thereof above described. The length of said route or branch is about one mile.

Also beginning at the inersection of 24th avenue and Benson avenue where the same intersects the route and branches thereof above described and thence along the surface of 24th avenue to Cropsey avenue, to and intersecting with the route and branches thereof above described. The length of said route or branch is about one-third of a mile,

Also beginning at a point in Kings Highway road at the boundary line or patent line of division betwen the towns of Flatlands and Gravesend and thence along the surface of Kings Highway road to Avenue Q, to and intersecting with the route and branches thereof above described. The length of said route or branch is about two-thirds of a mile.

Also beginning at the intersection of West Eighth street and Surf avenue where the same intersects the route and branches thereof above described; and thence along the surface of Surf avenue to West Fifth street, and thence along the surface of West Fifth street to Sea Breeze avenue, and thence along the surface of Sea Breeze avenue to East Fifth street; and thence northerly along the surface of East Fifth street to end or terminus of said East Fifth street. The length of said route or branch is about one mile.

Also beginning at the intersection of Emmons avenue and Ocean avenue where the same intersects the route and branches thereof above described and thence along the surface of Ocean avenue across and along the surface of Emmons avenue and across and along the bridge continuation of Ocean avenue across Sheepshead bay and along the surface of said Ocean avenue to the Atlantic ocean. The length of the said route or branch is about onethird of a mile.

Special franchises. On August 29 and 31, 1893, the commissioners of highways and the town board of the town of Gravesend respectively granted the Company a franchise to construct its railroad on streets and highways as described in its charter. Stock.

The Company's first report to the Railroad Commission, for 1898, stated that $35,400 of its stock had been issued for cash.

The Railroad Commission in its report for 1900 states that on December 31, 1899, the capital stock of this Company had been acquired by the Nassau Electric Railroad Company.

The Company's report to the Public Service Commission for 1907 states that the total amount of authorized capital stock, $350,000, had been issued and was outstanding. Intercorporate relations.

(See also chart IV, no. 54.) November 25, 1896, this Company agreed with The Coney Island and Brooklyn Rail Road Company for the joint construction and operation of a railroad on Neptune avenue between Coney Island avenue and West Fifth street; this Company to have all the rights necessary to construct and operate a double track street surface railroad upon Neptune avenue.

February 10, 1897, this Company and The New York, Brooklyn and Manhattan Beach Railway Company entered into an agreement for a track crossing at Neptune avenue. This Company was engaged at the time in constructing a railroad along the surface of Neptune avenue, and its tracks intersected the tracks of The New York, Brooklyn and Manhattan Beach Railway Company.

November 5, 1897, a lease was made to the Nassau Company of certain rights and privileges on Coney Island. By the terms of this lease the latter company assumed the obligations for construction of the railroad on the route leased, and was to pay $150,000 within five years, with interest at five per cent.

April 3, 1903, this Company, The Brooklyn Heights Railroad Company, and the Brooklyn, Queens County and Suburban Railroad Company agreed to furnish express cars to the National Express Company and to accommodate the business of that company between all points on its lines. This agreement was to continue in effect for five years from July 1, 1903, and was terminable thereafter on six months' notice.

February 28, 1907, this Company together with The Brooklyn Heights Railroad Company for itself and as lessee of The Brooklyn City Rail Road Company, the Nassau Electric Railroad Company, the Brooklyn, Queens County and Suburban Railroad Company, the South Brooklyn Railway Company for itself and as lessee of the Prospect Park and Coney Island Railroad Company, the Sea Beach Railway Company and the Brooklyn Union Elevated Railroad Company for itself and as lessee of the Canarsie Railroad Company, entered into an agreement with the Transit Development Company for the equipping, maintaining and repairing of the railroads of these companies. This is the so-called “ Transit Development Equipment Contract”, and was to go into effect on the first day of March, 1907, and continue for a period of one year from that date, and thereafter until the Transit Company should give to the railroad companies 30 days' notice of its desire to terminate the agreement, or until a majority of the railroad companies should give to the Transit Company a like notice in writing of their desire to terminate the same.

On the same day the same parties entered into another agree ment with the Transit Development Company, for the supplying to the railroad companies of power to operate their cars. This is the so-called “Power Consumption Contract” of the Transit Development Company, and was to go into effect on the first day

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