Osborne v. Brooklyn City R.
U.S. Circuit Court for the District of Eastern New York
In equity. This was a motion to dissolve a provisional injunction. The bill averred that the plaintiff [John H. Osborne] was the owner in the fee of certain lots on Greene avenue, a public street in the city of Brooklyn, and was also owner in fee of the portion of that avenue which extended from the front of his lots to the centre of the street, subject only to the public easement; that the defendants were about laying a city railroad track through said avenue and upon the…
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In equity. This was a motion to dissolve a provisional injunction. The bill averred that the plaintiff [John H. Osborne] was the owner in the fee of certain lots on Greene avenue, a public street in the city of Brooklyn, and was also owner in fee of the portion of that avenue which extended from the front of his lots to the centre of the street, subject only to the public easement; that the defendants were about laying a city railroad track through said avenue and upon the land of the plaintiff therein, without making compensation to him or other lot-owners; that the laying of such track was…
1Opinion of the Court
BENEDICT, District Judge.
This case, in its present posture, raises questions different *859from those discussed upon the motion for the injunction. The additional papers now read show that the plaintiff derives title to the lots described in the bill from one of the parties to an action lately pending in the supreme court of the state to obtain the same relief here sought, and that the deeds to the plaintiff were executed on the day after a similar injunction was dissolved by the supreme court in that action, and but three or four days previous to the tiling of the bill in this court. These…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Lansing v. SmithNew York Supreme Court · 1828
3Cited by1 opinion
- Lorie v. North Chicago City Ry. Co.United States Circuit Court · 1887