Metropolitan Exhibition Co. v. Newton
New York Supreme Court
Appeal from special term, Mew York county. Action by the Metropolitan Exhibition Company against John Mewton, commissioner of public works, and John Richardson, superintendent of the bureau of incumbrances, of Mew York city, to restrain defendants from removing or interfering with certain fences alleged to belong to plaintiff at One Hundred and Eleventh street, and Fifth and Sixth avenues.
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Appeal from special term, Mew York county. Action by the Metropolitan Exhibition Company against John Mewton, commissioner of public works, and John Richardson, superintendent of the bureau of incumbrances, of Mew York city, to restrain defendants from removing or interfering with certain fences alleged to belong to plaintiff at One Hundred and Eleventh street, and Fifth and Sixth avenues. The following is the opinion of Mr. Justice Ingraham, denying the motion for injunction: “One Hundred and Eleventh street, between Fifth and Sixth avenues, was duly laid out upon a map of the city of Mew…
1Opinion of the CourtVan Brunt, P. J.
It may not be at all necessary to add anything to the ■opinion of Mr. Justice Ingrai-iam, who decided this motion below, as he has •stated with great distinctness the grounds upon which his decision was founded. But as some points seem to have been made upon the part of the ■appellant as to the power conferred upon the department of public parks, and .also upon the commissioner of public works, in reference to street obstructions, it may be necessary to add a word or two to that which has been said in his opinion by the learned justice below.
The grounds upon which the appellant proceeds are,…
2Cited by1 opinion
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