Legal Opinion

Taber v. Manhattan Railway Co.

The Superior Court of New York City

Decided October 24, 1895Published

Appeal from an order, finding the defendants guilty of contempt in disobeying an injunction contained in the judgment.

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 cited15 opinions

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  2. Water Works Co. v. BurkhartIndiana Supreme Court · 1872
  3. Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
  4. American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
  5. Haverhill Bridge Proprietors v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1869

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