Empire City Subway Co. v. Broadway & S. A. Railroad
New York Supreme Court
Appeal from special term, New York county. Action by the Empire City Subway Company, Limited, against the Broadway & Seventh Avenue Railroad Company and Houston, West Street & Pavonia Ferry Railroad Company. From a judgment dismissing the complaint on the merits, and from an' order granting an extra allowance of costs, plaintiff appeals.
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Appeal from special term, New York county. Action by the Empire City Subway Company, Limited, against the Broadway & Seventh Avenue Railroad Company and Houston, West Street & Pavonia Ferry Railroad Company. From a judgment dismissing the complaint on the merits, and from an' order granting an extra allowance of costs, plaintiff appeals. This action was begun July 11, 1893, to enjoin the defendants from maintaining a conduit for the reception - and operation of a telegraphic and telephonic conductor on the line of the defendants’ road, and to restrain them from using any electrical conductor…
1Opinion of the CourtFollett, J.
It is a general rule, subject to few exceptions, that an individual cannot maintain a suit in equity to restrain the violation of a statute enacted for the protection of the public, unless he shows that he has been or will be injured in person or property by the violation of the statute. It must be shown that the plaintiff has sustained or will sustain special damage. The same rule is applicable to private corporations, and this plaintiff is not within any of the exceptions to the rule. A concession that the defendants have violated the subway statutes, and that the city or the commissioners…
2Cases cited2 opinions
- Woodruff v. . PaddockNew York Court of Appeals · 1892
- Smith v. Lockwood & WoodNew York Supreme Court · 1852
3Cited by19 opinions
- Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
- Rice v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1929
- People Ex Rel. New York Electric Lines Co. v. EllisonNew York Court of Appeals · 1907
- Atkins v. WestAppellate Division of the Supreme Court of the State of New York · 1928
- Cohen v. Rosedale Realty Co.New York Supreme Court · 1923
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