Blaschko v. . Wurster
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1897, affirming an order of Special Term continuing an injunction. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1897, affirming an order of Special Term continuing an injunction. The nature of the action and the facts, so far as material, are stated in the opinion. The questions certified for review were as follows: “Does section 73 of chapter 378 of the Laws of 1897 (otherwise known as the Charter of the Greater Hew York), upon its approval, prevent the local authorities in the various municipalities which will compose said city from granting a consent to a…
1Opinion of the Court
This was an action by a taxpayer to restrain the defendants, the city authorities of Brooklyn, from granting consent to operate a railroad in the streets, and the defendant the East River and Atlantic Ocean Railroad Company from receiving any such consent. A preliminary injunction was granted and the order affirmed at the Appellate Division.
The municipal authorities to whom the railroad made the application have gone out of office since the commencement of the action by force of the recent charter consolidating the two cities of New York and Brooklyn, and, consequently, are without any power…
2Cases cited4 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
- Castoriano v. . DupeNew York Court of Appeals · 1895
3Cited by13 opinions
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
- Patrician Plastic Corp. v. Bernadel Realty Corp.New York Court of Appeals · 1970
- City Bank Farmers' Trust Co. v. New York Central RailroadNew York Court of Appeals · 1930
- Graboski v. GuilianiDistrict Court, S.D. New York · 1996
- County of Orange v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1904
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