Huff v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Slaughter W. Huff and another, from an order of the Supreme Court, made at the Queens Special Term and entered in the office of the clerk of the county of Queens on the 6th day of July, 1922, denying their motion for an injunction, during the pendency of the action, restraining and enjoining the defendants from taking any steps or doing any act or thing toward the operation of a motor bus or omnibus line or route over Grand avenue in the former city…
Read the full summary
Appeal by the plaintiffs, Slaughter W. Huff and another, from an order of the Supreme Court, made at the Queens Special Term and entered in the office of the clerk of the county of Queens on the 6th day of July, 1922, denying their motion for an injunction, during the pendency of the action, restraining and enjoining the defendants from taking any steps or doing any act or thing toward the operation of a motor bus or omnibus line or route over Grand avenue in the former city of Long Island City, borough of Queens, between Eighteenth avenue and Second avenue.
1Opinion of the Court
Blackmar, P. J.:
It was decided by this court in Brooklyn City Railroad Co. v. Whalen (191 App. Div. 737) that the city of New York has no power to establish or operate bus lines in the streets of the city, except by the grant of a franchise in the way pointed out by the statutes. That decision was affirmed by the Court of Appeals (229 N. Y. 570) and is the law of this State. Every consideration urged by the respondents in the ease at bar was presented in that case and carefully considered. It is useless to go over again the reasons that induced this court to reach that decision. They are…
2Cases cited3 opinions
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Brooklyn City Railroad v. WhalenAppellate Division of the Supreme Court of the State of New York · 1920
- The Brooklyn City Railroad Company v. . WhalenNew York Court of Appeals · 1920
3Cited by17 opinions
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Fennessey v. Pacific Gas & Electric Co.California Supreme Court · 1942
- Browne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Bronx Chamber of Commerce, Inc. v. FullenNew York Supreme Court · 1940
- Kingsbridge Railway Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1923
12 more not listed; retrieve them via the Exa API.