Legal Opinion

People v. Law

New York Supreme Court

Decided November 5, 1860PublishedCited by 18 opinions

THIS was an application by the plaintiffs against the defendants for an injunction, and came on to be heard upon an order granted by Justice Ingraham, requiring the defendants to show cause why an injunction should not be granted as prayed for in the complaint, and in the meantime enjoining the defendants and their agents from entering into, or upon, that portion of Greenwich street, in the city of New York, which lies between Fulton street and Yesey street, for the purpose…

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THIS was an application by the plaintiffs against the defendants for an injunction, and came on to be heard upon an order granted by Justice Ingraham, requiring the defendants to show cause why an injunction should not be granted as prayed for in the complaint, and in the meantime enjoining the defendants and their agents from entering into, or upon, that portion of Greenwich street, in the city of New York, which lies between Fulton street and Yesey street, for the purpose of laying or establishing a rail road, therein, or from digging up or subverting the soil, or doing any other act or…

1Opinion of the CourtHogeboom, J.

This application for an injunction is made on behalf of the people, and also on behalf of the plaintiffs Earl and Bartholomew. The reasons upon which the application rests are different in the one case from those in the other. I will first consider the question as to the plaintiffs, Earl and Bartholomew.

I think the title of Earl and Bartholomew to the lot claimed by them, which is bounded in general terms by Greenwich street, extends to the middle of the street. Such is certainly the general rule applied as to property having similar boundaries. (3 Kent’s Com. 433. Jackson v. Hathaway, 15…

2Cases cited17 opinions

  1. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  2. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  3. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  4. Benson v. MayorNew York Supreme Court · 1850
  5. Noyes & Pettingill v. HewittNew York Supreme Court · 1837

12 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Neaderhouser v. StateIndiana Supreme Court · 1867
  3. Larned v. LarnedSupreme Court of Kansas · 1916
  4. City of Mount Vernon v. New York Inter Urban Water Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Danville, Hazleton & Wilkesbarre Railroad v. CommonwealthSupreme Court of Pennsylvania · 1873

13 more not listed; retrieve them via the Exa API.

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