New York & Long Island Railroad v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John II. O’Brien, as fire commissioner of the city of New York, and others, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county, of New York on the 26th day of December^ 1906, upon the decision of the court, rendered after a trial at the New York Special Term, granting a permanent injunction restraining the defendants from revoking certain permits theretofore granted, and from otherwise…
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Appeal by the defendants, John II. O’Brien, as fire commissioner of the city of New York, and others, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county, of New York on the 26th day of December^ 1906, upon the decision of the court, rendered after a trial at the New York Special Term, granting a permanent injunction restraining the defendants from revoking certain permits theretofore granted, and from otherwise interfering with the plaintiff in the construction of its tunnel and railroad.
1Opinion of the Court
Clarke, J.:
The New York and Long Island Railroad Company, a corporation organized in 1887 for the purpose of constructing and operating a railroad from Long Island City, in the county of Queens-, by a tunnel under the East river to New York city, in the county of New York, entered into a contract with the Degnon Contracting Company for the construction .of its tunnel. Said contractor in August, 1905, upon giving four several bonds in the sum of $5,000 each, obtained from the fire commissioner of the city of New York four several licenses to use and keep explosives to be used in the…
2Cases cited6 opinions
- In Re New York District Railway Co.New York Court of Appeals · 1887
- In re East River Gas Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. New York, New Haven & Hartford Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. New York, New Haven & Hartford Railroad v. Board of Railroad CommissionersNew York Court of Appeals · 1903
- People ex rel. New York City & Westchester Railway Co. v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by4 opinions
- In re Pennsylvania & Newark RailroadSupreme Court of New Jersey · 1959
- Abell v. ClarksonAppellate Division of the Supreme Court of the State of New York · 1923
- Brady v. South Shore Traction Co.District Court, E.D. New York · 1912
- City of New York v. BryanAppellate Division of the Supreme Court of the State of New York · 1909