Legal Opinion

New York Mail & Newspaper Transportation Co. v. Shea

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

Decided July 1, 1898PublishedCited by 17 opinions

Appeal by the defendant, John L. Shea, individually and as commissioner o'f bridges of the -city of New York, 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 Kings on the 8th day of February, 1898, granting an injunction restraining him from interfering with the construction of the plaintiff’s pneumatic tubes across the New York and Brooklyn Bridge.

1Opinion of the Court

Cullen, J.:

The plaintiff was incorporated by chapter 164 of the Laws of 1893, which states, in section 1: “ The general purpose of such corporation shall be, and it is hereby authorized and empowered to construct, maintain and operate pneumatic tubes and other devices for the speedy transmission and delivery of the mails, newspapers and parcels within and between the cities of this State.” By section 5 of the statute the corporation was empowered, without further authority of law or ordinance, “To locate, to construct, to maintain, and to operate tubes, not to exceed three feet in diameter,…

2Cases cited3 opinions

  1. Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
  2. Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
  3. Bell v. City of PlattevilleWisconsin Supreme Court · 1888

3Cited by17 opinions

  1. Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
  2. Gushee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  3. People ex rel. Swan v. DoxseeAppellate Division of the Supreme Court of the State of New York · 1910
  4. Lincoln Safe Deposit Co. v. City of New YorkNew York Court of Appeals · 1913
  5. Schinzel v. BestNew York Supreme Court · 1904

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