Stroub v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by John L. Stroub against the Manhattan Railway Company to restrain defendant from constructing an additional track in front of plaintiff’s premises. Plaintiff moves to continue preliminary injunction. The motion was granted, and defendant appeals.
1Opinion of the CourtDugro, J.
The plaintiff sought an injunction to prevent defendant from unlawfully taking his property. For the reasons stated in the opinion of the learned judge at special term (14 N. Y. Supp. 773) an injunction which will prevent this wrong should have been granted. The order appealed from contains a provision by which defendant is in effect provided with a way to obtain plaintiff’s property other than that fixed by statute. As the facts presented do not show a necessity for such extraordinary aid, it should not have been granted. The order appealed from is modified by striking therefrom all therein…
2Cases cited1 opinion
- Stroub v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
3Cited by1 opinion
- Mead v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893