Swett v. City of Troy
New York Supreme Court
Motion to dissolve an injunction. George W. Swett and others obtained an injunction to restrain the construction by the city of Troy of a bridge over the Poestenkill, and within said city, in such manner as to obstruct the flow of the water from the plaintiff ’ s foundry, and to prevent the free passage of ice from their dam.
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Motion to dissolve an injunction. George W. Swett and others obtained an injunction to restrain the construction by the city of Troy of a bridge over the Poestenkill, and within said city, in such manner as to obstruct the flow of the water from the plaintiff ’ s foundry, and to prevent the free passage of ice from their dam. About twenty years before the action was brought, a bridge was erected at substantially the same locality by the Union Railroad Company, under an act of the legislature, passed June SO, 1851; such bridge was constructed with the consent of the city, and was used by said…
1Opinion of the CourtIngalls, J.
The bridge in question is being constructed by the city of Troy, for public purposes, and within the limits of said city, upon one of the streets thereof) designated upon the map of said city, and no portion of the plaintiff’s land is touched or taken. I am unable to distinguish this case in principle, from Ely v. City of Rochester (26 Barb., 134). There is a striking similarity between the facts of the two cases, and the reasoning of the court in that case applies with force upon the case under consideration.
A distinction is sought to be drawn by the counsel of the plaintiffs upon the…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Chapman v. Albany & Schenectady RailroadNew York Supreme Court · 1851
- Sixth Avenue Railroad v. KerrNew York Supreme Court · 1864
3Cited by1 opinion
- Morgan v. . the City of BinghamtonNew York Court of Appeals · 1886