Cullen v. Bourke
New York Supreme Court
Suit by James R. Cullen to restrain Edward J. Bourke, individually and as acting captain, from a continual trespass on plaintiff’s premises. Motion for permanent injunction. Motion granted.
1Opinion of the CourtGaynor, J.
This is a suit to restrain the defendant, a captain of police, from continuing to do acts of trespass and violence upon the plaintiff and his place of business. The undisputed facts of the complaint and affidavits disclose a case of official lawlessness and outrage which has become common in the city of New York, and from which no good but only evil can possibly come.
The plaintiff keeps a cigar store at No. 34 West Third street, Manhattan. He purchased the business February 1, 1905. On February 7th three policemen entered his store and smashed in the doors leading to the smoking room in the…
2Cases cited2 opinions
- Hale v. BurnsAppellate Division of the Supreme Court of the State of New York · 1905
- Hale v. BurnsNew York Supreme Court · 1904
3Cited by1 opinion
- Monfrino v. Gutelius, MayorOhio Court of Appeals · 1939