Legal Opinion

Trelford v. Coney Island & Brooklyn Railroad

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

Decided May 15, 1896PublishedCited by 4 opinions

Appeal by John Trelford, the plaintiff in the first above-entitled action, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23th day of February, 1896, denying his motion to continue, until the trial of the action, a preliminary injunction theretofore granted, restraining the construction by the defend-ant of an electric trolley road on Neptune avenue in the city of Brooklyn.

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Appeal by John Trelford, the plaintiff in the first above-entitled action, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23th day of February, 1896, denying his motion to continue, until the trial of the action, a preliminary injunction theretofore granted, restraining the construction by the defend-ant of an electric trolley road on Neptune avenue in the city of Brooklyn. Also, an appeal by William Lakeland, the plaintiff in the second above-entitled action, from so much of an order of the…

1Opinion of the Court

Brown, P. J.:

The plaintiffs in each of the above-entitled actions are owners of land fronting upon Neptune avenue, a street in that part of the city of Brooklyn which was formerly the town of Gravesend, and seek a judgment restraining the defendant from constructing and operating a railroad upon said avenue. Motions to continue preliminary-injunctions theretofore granted pendente lite were made at the Special Term. In Trelford’s case the motion was denied absolutely. In Lakeland’s case it was granted so far as to restrain the construction of a double track railroad, but the order permits the…

2Cases cited2 opinions

  1. The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
  2. Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890

3Cited by4 opinions

  1. Light v. Seneca River Power Co.New York Supreme Court · 1922
  2. People ex rel. Karl v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
  3. Coney Island & G. Railway Co. v. Coney Island & B. R. Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Coney Island & Gravesend Railway Co. v. Coney Island & Brooklyn RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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