Irvine v. Atlantic Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Irvine, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of May, 1897, granting the defendant’s motion- for a new trial, and deferring, until after such new trial is had-,, the motion made by the plaintiff to punish the defendant and the Nassau Electric Railroad Company for contempt of court.
1Opinion of the Court
Bradley, J.:
In this action, brought in 1894 for injunctive relief, the defendant was, by the judgment, enjoined from using or maintaining the switch or siding constructed by it on Ninth avenne between Union and Carroll streets in the city of Brooklyn, and from refusing to forthwith remove such switch or siding.' This judgment was affirmed (10 App. Div. 560) and an appeal has been taken to the Court of Appeals. As proceedings upon the judgment were not stayed, the plaintiff moved the court to punish the defendant for contempt. At the same time the defendant moved the court for modification of…
2Cases cited2 opinions
- In Re the Administration of the Goods & Chattels of CurserNew York Court of Appeals · 1882
- Irvine v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Irvine v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897