Mason v. Brooklyn City & Newtown Rail Road
New York Supreme Court
THIS was an appeal from an order made at a special term, denying, fro forma, the defendants’ motion to vacate or modify an injunction hy which they were forbidden to construct or work their railway in Bridge street, between Willoughby street and Myrtle avenue, Brooklyn. The facts are sufficiently detailed in the opinion of the court.
1Opinion of the Court
By the Court, Emott, J.
The plaintiff, who is an owner of land situate upon Bridge street in the city of Brooklyn, *375has brought this action to restrain the defendants from proceeding to construct their road through that street. He alleges that the construction and use of this rail road is not authorized by law, and that it will he specially injurious to him as an owner of adjacent property. Assuming that such special injury to himself is shown, the plaintiff has a right to maintain this action; provided the acts from which it results are illegal. If the defendants have not acquired the…
2Cases cited3 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- President of the Farmers' Turnpike Road v. CoventryNew York Supreme Court · 1813
3Cited by16 opinions
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- McCartney v. Chicago & Evanston RailroadIllinois Supreme Court · 1884
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
- Gardner v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
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