Hudson River Telephone Co. v. Watervliet Turnpike & Railroad
New York Supreme Court
Appeal from special term, Albany county. Action by the Hudson River Telephone Company against the "Watervliet Turnpike & Railroad Company, for an injunction to restrain defendant from operating its electric railway. Plaintiff appeals from a judgment entered upon the report of a referee dismissing the complaint.
1Opinion of the CourtMayham, J.
In the examination of the questions involved in this appeal it is perhaps necessary and proper for this court to inquire whether they have not been substantially settled by the court of appeals when the parlies were before it on an appeal from the order of the general terra of this department upon the question of the continuance of a temporary injunction granted in this action. If the court of appeals has authoritatively disposed of the plaintiff’s right to recover in this action adversely to that right, as is insisted by the learned counsel for the respondent, then it becomes the plain duty…
2Cases cited7 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
- Cogswell v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1886
- People ex rel. Postal Telegraph Cable Co. v. Hudson River Tel. Co.New York Supreme Court · 1887
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3Cited by1 opinion
- American Telephone & Telegraph Co. v. Secretary of StateMichigan Supreme Court · 1909