People's Railroad v. Syracuse, Binghampton, etc. Railroad
New York Supreme Court
I. At special term. Motions to vacate injunction orders. • The People’s Railroad Company of Syracuse, a street surface railroad corporation, brought this action against the Syracuse, Binghampton, etc. Railroad Company, a steam railroad corporation, to enjoin the defendant from interfering with the plaintiff in laying its track across the defendant’s road and running its cars thereon.
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I. At special term. Motions to vacate injunction orders. • The People’s Railroad Company of Syracuse, a street surface railroad corporation, brought this action against the Syracuse, Binghampton, etc. Railroad Company, a steam railroad corporation, to enjoin the defendant from interfering with the plaintiff in laying its track across the defendant’s road and running its cars thereon. On December 27, 1888, upon an ex parte application to Hon. A. J. Xorthrup, county judge of Onondaga county, a preliminary injunction, in accordance with the prayer in its complaint, was granted to the plaintiff.…
1Per curiam
The order vacated an injunction order which in effect declared the right of plaintiff to cross the road of the defendant without compensation or regulations prescribed as to the manner of crossing.
The defendant had an easement upon which the plaintiff sought to impose a burden without compensation. We are of the opinion that the plaintiff is not entitled to impose *438such a burden ás its road, built across the defendant’s track, would be, until the questions of compensation and manner of crossing are legally determined (Matter of Lockport, etc., 19 Hun, 38, 1 Redfield on Railways, 638; Howlett…
2Cases cited2 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Howlett v. N. Y., West Shore, &c. Railway Co.New York Supreme Court · 1882
3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railway Co. v. Citizens Traction & Power Co.New Mexico Supreme Court · 1911