Merriman v. Utica Belt Line Street Railroad
New York Supreme Court
This action was brought by the plaintiff as a property owner upon the line of Whitesboro street in the city of Etica, to restrain defendant from constructing, maintaining and operating an electric street railroad in said street between its junction with Lafayette street upon the east and Saratoga street upon the west. A preliminary injunction, pending suit, was granted to accompany the summons, and this motion is now made by defendant to vacate said injunction order.
1Opinion of the CourtHiscock, J.
This suit and the right to have this motion denied and the injunction herein maintained rest upon a two-fold claim by plaintiff: •
1. That proper and sufficient notice by publication in newspapers has'not' been given of the proceedings before the common council of the city of Etica, leading up to the consent by. said council to the construction and maintenance of the road in question.
2. That defendant has not- obtained the consent of one-half in value of the property, bounded on that portion of Whitesboro street upon and through which it proposes to construct and operate its said railroad. '
The…
2Cases cited4 opinions
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- McDermott v. Nassau Electric RailroadNew York Supreme Court · 1895
- Secor v. Village of Pelham ManorAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Willey v. Cameron, Michel & Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Fox v. New York City Interborough Railway Co.New York Supreme Court · 1905
- Henning v. Hudson Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904