Taber v. Manhattan Ry. Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Henry M. Taber and others against the Manhattan Railway Company and another. From an order finding defendants guilty of contempt in disobeying an injunction contained in the judgment, defendants appeal. Reversed.
1Opinion of the CourtMcADAM, J.
Without determining the effect of the various extensions and stays, but assuming that the court below was right in deciding that there had been a violation of the injunction, questions arise that require serious reflection. The fine imposed was $14,750, being the difference between $30,250, the amount awarded in condemnation proceedings, and $45,000, the sum for which the defendants were, by the judgment of this court, permitted to purchase the easements they had wrongfully appropriated to their own use.
It is objected that the fine was arbitrarily imposed, and not assessed upon legal…
2Cases cited25 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Lent v. TillsonCalifornia Supreme Court · 1887
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
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3Cited by3 opinions
- Busters Cleaning Corp. v. FratiAppellate Division of the Supreme Court of the State of New York · 1994
- Slackman v. KaufmanNew York Supreme Court · 1916
- Warder v. ShufeldtNew Mexico Supreme Court · 1936