August 7, 1907, a modification of the agreement relative to the use of the Brooklyn bridge by the Brooklyn trolley companies was brought about by an agreement between the commissioner of bridges and the companies, including this Company, by the terms of which the local bridge traffic, which had up to that time been cared for by the Brooklyn Union Elevated Railroad Company, was to be taken over by the trolley lines, separate cars were to be provided for this local service and the several railway companies, parties to the agreement, were to have the same proportionate interest in the furnishing and operation of such local service as they already had in the operation of through cars over the bridge by virtue of the bridge agreement of August 23, 1897, as modified September 29, 1897, and by virtue of the so-called Associated Trolley Companies' agreement of August 23, 1897. The companies, however, were authorized to agree among themselves as to which one of their number should actually operate the local bridge cars, the fare on these cars to be three cents one way or two tickets for five cents. The companies were to pay the city as rental five cents per round trip for each car operated over the bridge; this agreement to terminate at the time and upon conditions stated in the agreement of August 23, 1897, and September 29, 1897, under which trolley service was first instituted on the bridge.

By an agreement dated December 21, 1907, between this Company, The Brooklyn Heights Railroad Company and the Nassau Electric Railroad Company this Company obtained the right to operate the "New York" cars of its Smith Street line on the tracks of the Heights Company on Sands street between Jay street and the bridge, and to use the siding of the Nassau Company in Washington street between High and Concord streets as a stand for the "Bridge Only" cars of the DeKalb avenue line; also that on 30 days' notice to the other parties this Company should have the right to use the Nassau Company's tracks on Concord street between Jay and Washington streets in conjunction with the siding on Washington street for the "Bridge Only" cars of the Smith street line, in lieu of the use of the tracks in High street between Washington and Jay streets. If this Company should exercise the option to use the tracks in Concord street it would thereupon discontinue the use of the Heights Company's tracks in Sands street;

the Heights Company to maintain the tracks in Sands street and the Nassau Company to maintain those in Concord street; the use of the siding in Washington street to be "joint and equal" between this Company and the Nassau Company; the siding to be maintained by the Nassau Company at joint expense; the Heights Company to maintain and keep in repair the special work and connections at Sands and Jay streets, and to furnish any additional switchmen or other employees required to operate such special work and connections, the expense to be borne, 60 per cent by the Heights Company, 24 per cent by the Nassau Company and 16 per cent by this Company. If this Company should elect to use the tracks in Concord street instead of the tracks in Sands street the Nassau Company to construct and install the necessary special work and connections at Jay and Concord streets, and to maintain them and furnish any additional switchmen or other employees made necessary by this Company's use of the Concord street tracks, the cost to be apportioned among the companies in the same ratio as above. For the purpose of determining responsibility for injury to persons or property due to the negligence of any switchman or employee provided under this agreement such switchman or employee should be deemed the servant of the company for which he was acting at the time. This agreement was subject to termination by any one of the three companies upon 90 days' written notice.

December 23, 1907, this Company and the other companies associated with it in the use of the surface tracks on the Brooklyn bridge entered into an agreement with the Transit Development Company, a subsidiary of The Brooklyn Rapid Transit Company, by which the Development Company agreed to furnish cars of a selected type for the local bridge service at an annual rental of 14 per cent of their actual cost, and to maintain them in proper condition of repair and charging the operating companies the actual cost of such maintenance, plus shop percentage of not more than 10 per cent, or such other basis as might be agreed upon from time to time. It was agreed that the first operation of the local bridge cars was to be by The Brooklyn Heights Railroad Company, and that such operation should continue for one year and thereafter until a new operator was chosen. Profits and losses of local opera

tion were to be shared in the ratio of 60 per cent by the Brooklyn Heights Company, 24 per cent by the Nassau Electric Company and 16 per cent by this Company and its lessor; accountings monthly.

By correspondence dated October 8 and October 21, 1908, arrangements were made between this Company and The Brooklyn Heights Railroad Company, by which this Company acquired the right to operate cars not going over the Brooklyn bridge on the west bound track in Willoughby street from Gold street to Jay street as part of a loop operation through Gold, Willoughby, Jay and Fulton streets.

May 28, 1909, The Long Island Railroad Company agreed to construct a side track at a point 1.19 miles east of Bushwick station and adjacent to DeKalb avenue, for this Company's benefit.

March 21, 1910, by certificate of surrender of capital stock filed in the office of the secretary of state, this Company merged The Brooklyn City and Newtown Rail Road Company (no. 77), whose road it had operated since 1897. By this merger this Company acquired $10,000 of capital stock of the DeKalb Avenue & North Beach Railroad Company.

January 29, 1912, the Company entered into a series of agreements with the South Brooklyn Railway Company, The Brooklyn Heights Railroad Company, the Brooklyn, Queens County and Suburban Railroad Company, the Brooklyn Union Elevated Railroad Company, the Coney Island and Gravesend Railway Company and the Nassau Electric Railroad Company, by which the parties gave to each other reciprocal license to suspend and maintain wires upon their trolley poles; the licenses to continue for one year from November 1, 1911, and thereafter until the agreement should be terminated by either party on 30 days' written notice. The parties agreed to pay each other rentals at the rate of 4 1/6 cents per month for each attachment of longitudinal wires, and 1212 cents per month for each attachment of guy wires suspended and maintained on each other's poles; no additional wires or attachments to be suspended by any party on the poles of the other after the date of the agreement except where notice had been given and written consent obtained in advance; each party to be responsible for damages to persons or property due to its own

negligence in the construction, maintenance, use and removal of its wires and attachments.

Construction and operation. The Company, in its report to the state engineer, 1861, stated that it had complied with the stipulations contained in its legislative franchise, had commenced the construction of its road, and expected to have it completed and in operation within three months.

It seems that on June 27, 1861, this Company had taken possession of Water street to lay its double track railroad in advance of The Brooklyn City and Newtown Rail Road Company, which had received an earlier franchise. Before the work of construction was complete, however, the Brooklyn City and Newtown Company secured a temporary restraining order. The matter came up for hearing on the general term of the Supreme Court, Kings County, on December 9, 1861, in the case of The Brooklyn City and Newtown Rail Road Company vs. The Coney Island and Brooklyn Rail Road Company (35 Barbour 365). The court held that although the Company's claim of having secured the property owners' consents on Water street between Main and Fulton streets was not properly supported by evidence, still The Brooklyn City and Newtown Rail Road Company could not maintain the action for the reason that none of its rights had been invaded. Consequently, the court refused to continue the injunction, and this Company has remained in the street ever since.

In its report, 1862, the Company stated that its road was put in operation for its whole length on July 3, 1862. The rate charged for city passengers was five cents, and for passengers from Fulton ferry to Coney Island 20 cents; from Fulton ferry to Gravesend 15 cents, and from Fulton ferry to Church lane, seven cents, with children carried at one-half the above rates.

It appears that the road as constructed included tracks on Water street, a franchise for which had been denied by the city. Inasmuch as the Company stated in its first report that it had complied with the terms of the legislative grant it may be assumed that it secured, or claimed to have secured, the consent of the property ɔwners, instead of depending upon the consent of the local authorities.

During the year ending June 30, 1890, the Company electrified

and double-tracked the portion of its road extending from the city line to Coney Island. After it had electrified its line from Prospect Park to Coney Island it found itself able to compete with the Culver line operated by steam on Gravesend avenue, and therefore was unwilling to continue to operate its cars to the depot of the Prospect Park and Coney Island Railroad Company at Ninth avenue and 20th street, as required by the trackage agreement of June 1, 1882. Accordingly the Prospect Park and Coney Island Railroad Company brought suit against this Company to compel specific performance under that agreement. This suit was decided against this Company by Justice Cullen at special term of the Supreme Court January 12, 1892. This Company took an appeal to the general term and secured a reversal of the decision (66 Hun 366), but the Court of Appeals reversed the appellate division, and affirmed the original order of Justice Cullen (144 N. Y. 152). Under the terms of the decision this Company was enjoined from operating any of its cars unless during the spring, summer and fall months of each year up to June 1, 1903, it should operate to the Prospect Park Company's depot at Ninth avenue and 20th street one or more cars connecting with each ferry boat arriving at or leaving Hamilton Avenue ferry, and also operate cars to Fulton ferry upon the same time tables as the surface horse cars were then operating on Ninth avenue to Fulton ferry, and so as to connect with all trains arriving at or leaving the Prospect Park Company's depot from or to Coney Island. It was stipulated, however, that instead of running all its cars to the depot this Company might run detached or jigger cars from its main line at Ninth avenue and 15th street to the depot, but such cars were to be operated so as to make the necessary connections and "so as to transport to plaintiff's said depot all passengers riding on such cars who so desire, without delay, inconvenience or expense."

At its March term in 1899, the appellate division, second department, in the case of the Coney Island and Gravesend Railway vs. The Coney Island and Brooklyn Rail Road and The Brooklyn City and Newtown Rail Road, 38 App. Div. 494, decided that this Company was entitled to operate the cars of its leased line over the tracks on Neptune avenue which had been jointly laid by this Company and the Coney Island and Gravesend Railway Com