Rochester & Eastern Rapid Railway Co. v. Monroe County Electric Belt Line Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Rochester and Eastern Rapid Railway Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 12th day of July, 1902, vacating a temporary injunction pendente lite theretofore granted in the action in so far as it in effect restrained the defendant from constructing and operating a street surface railroad upon Canal or Mill street, in the village of Fairport,…
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Appeal by the plaintiff, the Rochester and Eastern Rapid Railway Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 12th day of July, 1902, vacating a temporary injunction pendente lite theretofore granted in the action in so far as it in effect restrained the defendant from constructing and operating a street surface railroad upon Canal or Mill street, in the village of Fairport, Monroe county, N. T.
1Opinion of the Court
Hiscock, J.:
In a case recently presented involving, as does this one, a contest between rival street railroads this court had occasion to state the well-recognized rules which would govern it in passing upon an order such as is here appealed from granting or refusing an injunction pendente lite. (Syracuse & Oneida Co. v. S. R. T. R. Co., 74 App. Div. 565.)
It was there said: “ The granting or refusing of an injunction pendente lite rests in the' sound discretion of the court of original jurisdiction; and the order of that court will not ordinarily be reversed upon appeal, unless it is made…
2Cases cited1 opinion
- Syracuse & Oneida Lake Electric Railway Co. v. Syracuse Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- United Shoe Machinery Corp. v. BeckerDistrict Court, E.D. New York · 1943