Legal Opinion

Roberts v. Huntington Railroad

New York Supreme Court

Decided September 15, 1907Published

Motion to continue temporary injunction pending trial of action.

1Opinion of the CourtScudder, J.

Plaintiff is the owner of premises abutting on a highway along which the defendant street railway corporation is about to construct its road. Plaintiff seeks to enjoin defendant from the construction of its railway along said highway on the ground that it was not authorized, by law to do so. Defendant was incorporated in May, 1890. According to its certificate of incorporation, its road was to be constructed in the town and village' of Huntington, and the length of the road was about three miles. On June 10, 1907, the trustees of the village of Amityville granted a consent or franchise to…

2Cases cited1 opinion

  1. New York Central & Hudson River Railroad v. Buffalo & Williamsville Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904

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