New York Cent. & H. R. R. v. Haffen
New York Supreme Court
Appeal from special term, New York county. Action by the New York Central & Hudson River Railroad Company against Louis F. Haffen, as commissioner, and William L. Strong, mayor, and others, forming the board of street opening and improvement of the city of New York, to enjoin defendants from filing certain maps showing a proposed laying out of certain streets and proposed widening of 161st street.
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Appeal from special term, New York county. Action by the New York Central & Hudson River Railroad Company against Louis F. Haffen, as commissioner, and William L. Strong, mayor, and others, forming the board of street opening and improvement of the city of New York, to enjoin defendants from filing certain maps showing a proposed laying out of certain streets and proposed widening of 161st street. From an order denying a motion to continue a temporary injunction, and vacating the same, plaintiff appeals. Affirmed.
1Per curiam
It is the plaintiff’s contention that the maps showing certain streets through and over property belonging to it should not be filed by the defendant, because:
“First. The plaintiff having acquired and devoted the lands for depot and station purposes, the city has no authority, without express statutory permission, to take such parcels for any other public use. Second. The city is prohibited by section 957 of the consolidation act from laying out streets through or upon the depot or station grounds of any railroad, * 9 * unless with the consent of the said railroad company. * * *”
The claim of…
2Cases cited1 opinion
- Forster v. . ScottNew York Court of Appeals · 1893
3Cited by1 opinion
- New York Central & Hudson River Railroad v. HaffenAppellate Division of the Supreme Court of the State of New York · 1897