Hearst v. . Shea
New York Court of Appeals
Appeal, by certification, from an order of the Appellate-Division of the Supreme Court in the first judicial department, entered December 31, 1897, as amended by an order entered January 14, 1898, reversing an order of the Special Term continuing an injunction during the pendency of this action.
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Appeal, by certification, from an order of the Appellate-Division of the Supreme Court in the first judicial department, entered December 31, 1897, as amended by an order entered January 14, 1898, reversing an order of the Special Term continuing an injunction during the pendency of this action. The injunction was originally granted by Mr. Justice Gieoeeioh restraining the trustees of the Hew York and Brooklyn bridge from further prosecuting the work of erecting or laying loops or tracks for the use of electric trolley railways aross the passageway for foot travelers, which was in progress-at…
1Opinion of the CourtMartin, J.
The inquiry is presented at the outset whether the questions certified by the Appellate Division are properly before us for determination. In Grannan v. Westchester Racing Assn. (153 N. Y. 449) this court held that if a question certified is stated in terms so broad that it will admit of one answer under one set of circumstances and a different-answer under another, or if it presents merely an abstract proposition, and no facts are disclosed in the record which-show that it arose in the case, it will decline to answer it. In the case of Baxter v. McDonnell (154 N. Y. 432, 436) the-doctrine of…
2Cases cited3 opinions
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
3Cited by6 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Schenck v. . BarnesNew York Court of Appeals · 1898
- City of New York v. . Brooklyn City R.R. Co.New York Court of Appeals · 1922
- Blaschko v. . WursterNew York Court of Appeals · 1898
- City of New York v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1921
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