Legal Opinion

Wurster v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1910PublishedCited by 2 opinions

Reargument of an appeal by the plaintiffs, Frederick W. Wurster and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of thé clerk of the county of Kings on the 12th day of December, 1908, "denying the plaintiffs’ motion to continue pendente lite a temporary injunction. . Reargument of this appeal was ordered in Wurster v. City of New York (134 App.

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Reargument of an appeal by the plaintiffs, Frederick W. Wurster and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of thé clerk of the county of Kings on the 12th day of December, 1908, "denying the plaintiffs’ motion to continue pendente lite a temporary injunction. . Reargument of this appeal was ordered in Wurster v. City of New York (134 App. Div. 947). Order affirmed on reargument, with ten dollars costs and' disbursements, on the opinion of Mr. Justice Blackmar at Special Term. \. •

1Opinion of the Court

The following is the opinion of the court below':

Blackmar, J.:

This is a motion for an injunction to restrain the city of New York, the .New York Terminal Company and William 0. Maden from discontinuing or suffering to be discontinued five ferries running between the boroughs of Manhattan and Brooklyn. These ferries were established by the city of New York under powers conferred upon it by ancient charters, and have for "many years been operated by the city through its lessee, the Brooklyn Ferry Company of New York. Since the opening of the Brooklyn and Williamsburg bridges the returns from…

2Cases cited5 opinions

  1. City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
  2. The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
  3. Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
  4. In re WheelerNew York Supreme Court · 1909
  5. Balch v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Chicago & Northwestern Railway Co. v. DoughertySouth Dakota Supreme Court · 1917
  2. Cohn v. Board of Supervisors of WarrenNew York Supreme Court · 1962

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