Brooklyn City Railroad v. Whalen

The plaintiff owns and operates lines of surface cars in the city of New York. It seeks an injunction restraining the defendant from operating certain automobile bus lines that are now being maintained. The operation of the bus lines was authorized by the board of estimate of the city of New York. They run virtually parallel with certain of the car lines operated by the plaintiff. That they are directly in competition with the plaintiff is apparent.

Plaintiff seeks the injunction alleging that the bus lines are operated without authority of law and that the provisions of statute have not been…