Western New York v. F. V. R. Stillman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Western Hew York and Pennsylvania Traction Company, from an order of the Supreme Court, made at the Allegany Special Term and entered in the office of the clerk of the county of Cattaraugus on the 26th day of July, 1910, vacating a temporary injunction theretofore granted herein, and also from an order entered in said clerk’s office on the 5tli day of August, 1910, denying the plaintiffs motion to stay proceedings upon the former order.
1Opinion of the Court
Williams, J.:
The orders should be affirmed, with costs.
The defendant desiring to move a building through the streets of the city of Olean procured leave from the city, and was preparing to do the moving when this action was brought, and the preliminary injunction obtained restraining the defendant from in any manner interfering with the wires and overhead construction of the plaintiff. The order appealed from vacated this injunction upon condition that notice be given to plaintiff and it be allowed to handle the wires and construction ivitli its own men, and that defendant pay all expenses…
2Cases cited5 opinions
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Hinman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1907
- Brooklyn Elevated Railroad v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Hinman v. . ClarkeNew York Court of Appeals · 1908
3Cited by7 opinions
- Chace Trucking Co. v. Richmond Light & RailroadNew York Court of Appeals · 1919
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- Kingsley v. PoundsNew York Supreme Court · 1916
- New York Telephone Co. v. DittmanNew York Supreme Court · 1916
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
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