Laney v. Rochester Ry. Co.
New York Supreme Court
Appeal from special term, Monroe county. Action by Charles S. Laney against the Bochester Railway Company. From an order denying a motion to vacate a chamber order staying proceedings on the injunctive provision of the judgment herein during the pendency of defendant’s appeal to the court of ■appeals, plaintiff appeals.. Affirmed.
1Opinion of the CourtBradley, J.
The main purpose of the action is to restrain the defendant from constructing a railroad in Elm street, in front of plaintiff’s premises, in the city of Rochester. In the outset of the action a temporary injunction was obtained. This was pursu*894ant to stipulation of the parties, afterwards vacated; and the issues were tried before a referee, who directed judgment for the plaintiff, w’hich was affirmed by the general term. 29 N. Y. Supp. 1145. Thereupon the defendant appealed to the court of appeals, and, upon the application of the defendant, an order was made by a justice of this court staying…
2Cases cited1 opinion
- Judson v. GrayNew York Court of Appeals · 1859
3Cited by3 opinions
- Tulare Irrigation District v. Superior CourtCalifornia Supreme Court · 1925
- Sena v. District Court of Fourth Judicial DistrictNew Mexico Supreme Court · 1925
- Mutual Life Insurance v. RobinsonNew York Supreme Court · 1898