Legal Opinion

Potter v. Collis

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

Decided July 15, 1897PublishedCited by 8 opinions

Appeal by the plaintiff, Eugene Clifford Potter, and by the defendants, Charles H. T. Collis, as Commissioner of Public Works of the city of Hew York and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 28th day of May, 189T, denying the plaintiff’s motion for an injunction pendente lite, and vacating an injunction contained in the order to show cause.

1Opinion of the Court

Ingraham, J.:

The plaintiff, as a taxpayer, brings this action to restrain the commissioner of public works from issuing a permit or giving permission to the defendants, the Metropolitan Street Railway Company *394and the Eighth Avenue Bailroad Company, or either of them, to make excavations in any of’ the streets of avenues, of the city for the purpose of changing the railroad operated; by " the said defendant corporations from a horse railroad to an electric road to be operated by Underground currents of electricity, and to declare any permit null and. void which has been issued by the…

2Cases cited4 opinions

  1. Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
  2. Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  3. In Re the Third Avenue Railroad for a Writ of MandamusNew York Court of Appeals · 1890
  4. Mayor v. Eighth Avenue RailroadNew York Court of Appeals · 1890

3Cited by8 opinions

  1. Sheehy v. McMillanAppellate Division of the Supreme Court of the State of New York · 1898
  2. Kittinger v. Buffalo Traction Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. People ex rel. New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
  4. City of Utica v. Utica Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1897
  5. Eisler v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897

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