City of Gloversville v. Johnstown, Gloversville & Kingsboro Horse Railroad
New York Supreme Court
Appeal from special term, Fulton county. Action by the city of Gloversville against the Johnstown, Gloversville & Kingsboro Horse Railroad Company and another to restrain defendant from laying its tracks along the side of South Main street in the city of Gloversville. From an order continuing an injunction pendente lite restraining defendant from so doing, defendant railroad company appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The defendant was incorporated by chapter 255 of the Laws of 1874. Section 3 of that chapter provides that “the said railroad company is hereby prohibited from using steam as a motive power on said railroad, or from transporting or conveying height thereon, and is hereby restricted to the business of taking and conveying persons or passengers over said railroad in street-railroad cars by the power or force of animals.” On the 26th of April, 1892, the relator and the railroad company entered into an agreement in writing, whereby the relator granted the defendant the right and privilege to use…
2Cases cited2 opinions
- Paul v. . MungerNew York Court of Appeals · 1872
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
3Cited by2 opinions
- Hesler v. ShaferNew York Supreme Court · 1894
- Pratt v. New York Cent. & H. R. R.New York Supreme Court · 1895