Sheehy v. McMillan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bronx Gas and Electric Company, from an order of the Supreme Court, made at the New York Special Term on the 30th day of December, 1897, and entered in the office of the clerk of the county of New York, continuing an injunction pendente lité.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, as a taxpayer, has instituted this action to restrain the commissioners of the department of public parks and the commissioners of the board of electrical control of the city of New *141York from issuing a permit to the Bronx Gas and Electric .Company to excavate, erect poles or string electric wires in one of the public parks of the city, and also to restrain the gas company from doing such acts. He has, during the pendency of the action, accomplished by an order what he seeks to accomplish ultimately by a judgment. From this order the defendant gas company alone…
2Cases cited4 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- McHenry v. . JewettNew York Court of Appeals · 1882
- Potter v. CollisAppellate Division of the Supreme Court of the State of New York · 1897
- Close v. FlesherNew York Court of Common Pleas · 1894
3Cited by5 opinions
- Kingsley v. PoundsNew York Supreme Court · 1916
- Berghoffen v. City of New YorkNew York Supreme Court · 1900
- Feeley v. WursterNew York Supreme Court · 1898
- Ghee v. Northern Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Sheehy v. ClausenNew York Supreme Court · 1899