Central Crosstown Railroad v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plain-. tiff, entered in the office of the cleric of the county of New York on the 6th day of November, 1896, upon the decision "of the court rendered after a" trial at the New York Special Term, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 28th day of October, 1896, granting the plaintiff…
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Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plain-. tiff, entered in the office of the cleric of the county of New York on the 6th day of November, 1896, upon the decision "of the court rendered after a" trial at the New York Special Term, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 28th day of October, 1896, granting the plaintiff an extra allowance of $1,000.
1Opinion of the Court
Williams, J.:
The action was brought to restrain the defendant from constructing and operating a piece of street railroad about 200 feet long from the tracks used- by the defendant in West street, opposite Christopher street ferry, to the entrance to such ferry, and to compel the defendant to remove the tracks so far as it has constructed them. The relief sought was afforded by the decision and judgment made and entered. The decision was duly excepted to, and this appeal is taken from the judgment entered thereon.
The grounds of the decision were in brief: (1) That the. plaintiff had a…
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