Howlett v. N. Y., West Shore, &c. Railway Co.
New York Supreme Court
This was an appeal to the general term from an order of the special term refusing to vacate an injunction. Alfred A. Howlett, a shareholder of the Syracuse, Chenango & N. Y. R. R. Co., brought this action in its behalf (alleging its disability to sue, &c.), to restrain such corporation and its receiver, James J. Belden, from granting to the defendant, the N. Y., West Shore & Buffalo Rw.
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This was an appeal to the general term from an order of the special term refusing to vacate an injunction. Alfred A. Howlett, a shareholder of the Syracuse, Chenango & N. Y. R. R. Co., brought this action in its behalf (alleging its disability to sue, &c.), to restrain such corporation and its receiver, James J. Belden, from granting to the defendant, the N. Y., West Shore & Buffalo Rw. Co., the right to cross its tracks, and the Syracuse, Chenango & N. Y. R. R. Co. from accepting such right. A preliminary injunction to that effect was granted* which the defendants moved to dissolve. The…
1Opinion of the CourtMerwin, J.
The injunction restrained the New York, West Shore and Buffalo Bailway Company and its agents, from grading its road-bed, or laying its tracks, over or across the road-bed and tracks of the Syracuse, Chenango and New York Bailroad, at or near the junction of Pearl and Willow streets, in the city of Syracuse, until the further order of this court. It also restrained, until such further order, Mr. Belden, as receiver, from granting to the railway company, and the company from accepting, the right to cross or intersect the tracks of the Syracuse, Chenango and New York Bailroad.
The moving…
2Cases cited16 opinions
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Savage v. . AllenNew York Court of Appeals · 1873
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Heath v. Erie Ry. Co.U.S. Circuit Court for the District of Southern New York · 1871
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
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3Cited by4 opinions
- Weeks v. CornwallNew York Supreme Court · 1887
- Town of Fort Edward v. Hudson Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- People's Railroad v. Syracuse, Binghampton, etc. RailroadNew York Supreme Court · 1889
- People's Railroad v. Syracuse, Binghamton & New York RailroadNew York Supreme Court · 1889