Village of Fort Edward v. Hudson Valley Railway Co.
New York Court of Appeals
Appeal, by permission, from an order of tbe Appellate Division of the Supreme Court in tlie third judicial department, entered November 18,1907, which affirmed an order of Special Term continuing an injunction pendente lite. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of tbe Appellate Division of the Supreme Court in tlie third judicial department, entered November 18,1907, which affirmed an order of Special Term continuing an injunction pendente lite. The nature of the action and the facts, so far as material, are stated in the opinion. The order appealed from is erroneous, because it attaches to the statute relating to .connecting roads a limitation or condition not found in the statute itself, or in the occasion for its adoption. Municipal authorities cannot, by their action, prevent the construction of a track to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action was brought to restrain the defendants from constructing a switch on Broadway in the village of Fort Edward, by which the defendants intended to intersect their railroad tracks.
The Delaware and Hudson Company is engaged in operating a double-track steam railroad through the village of Fort Edward, crossing Broadway, one of the streets of the village, at grade, substantially at right angles. The Hudson Valley Railway Company owns and operates an…
2Cases cited1 opinion
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
3Cited by20 opinions
- Gilchrist v. Interborough Rapid Transit Co.Supreme Court of the United States · 1929
- People Ex Rel. N.Y., Etc., R.R. Co. v. . WillcoxNew York Court of Appeals · 1911
- City of New York v. . Brooklyn City R.R. Co.New York Court of Appeals · 1922
- Peo. Ex Rel. N.Y.C. H.R.R.R. Co. v. . P.S. Comm.New York Court of Appeals · 1919
- People ex rel. New York, New Haven & Hartford Railroad v. WillcoxNew York Court of Appeals · 1911
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