Potter v. . Collis
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1897, affirming an order of Special Term denying a motion for an injunction. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1897, affirming an order of Special Term denying a motion for an injunction. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The plaintiff, as a taxpayer of the city of Yew York, is entitled to maintain this action, the object of which is fully within the scope of chapter 301 of the Laws of 1892 and of section 1925 of the Code of Civil Procedure. (Starin v. Mayor, etc., 42 Hun, 549; 112 N. Y.…
1Opinion of the CourtGray, J.
Certain questions have been certified to this court by the Appellate Division of the Supreme Court, in the first department, which have arisen upon the application for an injunction during the pendency of this action. It was brought by a taxpayer, in the city of Hew York, to restrain the commissioner of public works of the city from issuing a permit to the defendant railroad companies to make excavations in the streets and to do what other necessary work is required, in order to change the motive power of the Eighth Avenue Railroad from that of horses to that of electricity. The application…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Mayor, Etc. v. . E.A.R.R. Co.New York Court of Appeals · 1890
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