Dusenberry v. Westchester and Connecticut Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary M. Dusenberry, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 2d day of November, 1899, denying her motion to continue a temporary injunction.
1Opinion of the Court
Hatch, J.:
This is a motion upon the return of an order to show cause why a temporary injunction granted herein restraining the defendant from constructing or operating its railroad on any street or avenue in the town' of Eastchester,/in the county of ’Westchester,, should not be continued. The motion to continue the temporary injunction' is rested upon two grounds : First, that the consent given by the commissioner of highways of the town of Eastchester to the predecessor of the defendant, to construct, maintain and operate.its railroad, was subject to a condition that such road, its branches…
2Cases cited3 opinions
- Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
- People Ex. Rel. West Side Street Railway Co. v. BarnardNew York Court of Appeals · 1888
3Cited by5 opinions
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Bohl v. City of SchenectadyNew York Supreme Court · 1927
- South Shore Traction Co. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1907
- Manton v. South Shore Traction Co.New York Supreme Court · 1907