Milhau v. Sharp
New York Supreme Court
This was an application by the plaintiffs for a perpetual injunction, to restrain the defendants and their associates from constructing a railway in the street called Broadway, in the city of New-York. The facts upon which the application was founded are sufficiently set forth in the opinions delivered by different members of the court.
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This was an application by the plaintiffs for a perpetual injunction, to restrain the defendants and their associates from constructing a railway in the street called Broadway, in the city of New-York. The facts upon which the application was founded are sufficiently set forth in the opinions delivered by different members of the court. I. The adjournment of the board of aldermen from the fourth to the eighth of November, being more than three days, put an end to that monthly session of the board; and when the board subsequently met, in pursuance of the adjournment, it was not a legal…
1Opinion of the CourtEdwards, P. J.
The plaintiffs in this case allege that the • street in the city ofHew-York, known and designated as Broadway, is an ancient street, which was opened about one hundred and fifty years ago, by the then owners of the lands over and through which the street passes, for their own convenience, and was by them allowed to be used by citizens and travelers as a common public street or thoroughfare. They further allege that they are, each of them, owners in fee of certain lots of great Value situated upon the street, and that they believe they are owners in fee of all the lands in front of their lots…
2Cases cited10 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- People v. MorrisNew York Supreme Court · 1835
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Plant v. Long Island RailroadNew York Supreme Court · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- People v. Mayor of New YorkNew York Supreme Court · 1860
- Stuart v. FoxSupreme Judicial Court of Maine · 1930
22 more not listed; retrieve them via the Exa API.