New York Cent. & Hudson River Railroad v. Village of Hastings
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester County. Action by the. New York Central & Hudson River Railroad Company against the village of Hastings on Hudson. From an order for a reference to ascertain defendant’s damages from an injunction therein granted, plaintiff appeals.
1Opinion of the CourtBradley, J.
—The temporary injunction was modified, and afterwards, on the plaintiff’s motion, which was opposed by the defendant, leave was granted to the plaintiff to discontinue the action without costs, and it was discontinued accordingly by the plaintiff. Thereupon the order appealed from was moved for by the defendant, and granted. The undertaking on the part of the plaintiff was made pursuant to the statute, and was to the effect that the plaintiff would pay to the defendant such damages, not exceeding the sum specified in the undertaking, as the defendant might sustain by reason of the…
2Cases cited5 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Manning v. CassidyNew York Supreme Court · 1894
- New York City Suburban Water Co. v. BissellNew York Supreme Court · 1894