Legal Opinion

South Shore Traction Co. v. Town of Brookhaven

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

Decided January 11, 1907PublishedCited by 2 opinions

Appeal by the defendants, the Town of.Brookhaven and others, 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 Suffolk on the 31st day of August, 1906.

1Opinion of the Court

Miller, J.:

The defendants appeal frotó an order granting an injunction pendente lite in an action brought by the plaintiff to restrain the defendant highway commissioners from granting to the defendant Suffolk Traction Company their consent to the construction, maintenance and operation by it of a street surface railroad on a certain street of the town of Brookhaven.

On April 1, 1903, the highway commissioners of said- town granted the plaintiff their consent to the construction, maintenance and operation by it of a street surface railroad on said street. Said consent contained the following…

2Cases cited2 opinions

  1. Dusenberry v. Westchester and Connecticut Traction Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Peekskill, State Camp & Mohegan Railroad v. Village of PeekskillNew York Court of Appeals · 1901

3Cited by2 opinions

  1. People ex rel. Frontier Electric Railway Co. v. City of North TonawandaNew York Supreme Court · 1910
  2. South Shore Traction Co. v. Village of PatchogueAppellate Division of the Supreme Court of the State of New York · 1907

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