Legal Opinion
New York Central & Hudson River Railroad v. Flynn
New York Supreme Court
Decided December 6, 1893PublishedCited by 10 opinions
Appeal from special term, Albany county. Action by the New York Central & Hudson River Railroad Company and the Consolidated Transfer Company against James Flynn and others for injunction. From an order granting a temporary injunction, defendants appeal.
1Opinion of the CourtPutnam, J.
The decision of this case depends upon the construction to be given to the following provision, contained in section 34, c. 565, Laws 1890, viz.:
“No preference for the transaction of the business of a common carrier upon its cars, or in its depots or buildings, or upon its grounds, shall be granted by any railroad corporation to any one of two or more persons, associations or corporations competing in the same business, or in the business of transporting property for themselves or others.”
The defendants claim that under the statutory provision above quoted they have the right to go upon the…
2Cases cited3 opinions
- Old Colony Railroad v. TrippMassachusetts Supreme Judicial Court · 1888
- Barney v. Oyster Bay & Huntington Steamboat Co.New York Court of Appeals · 1876
- Jencks v. ColemanU.S. Circuit Court for the District of Rhode Island · 1835
3Cited by10 opinions
- Godbout v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1900
- Donovan v. Pennsylvania Co.Court of Appeals for the Seventh Circuit · 1903
- Lucas v. HerbertIndiana Supreme Court · 1897
- New York Central & Hudson River Railroad v. WarrenNew York Supreme Court · 1900
- Alexandria Bay Steamboat Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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