Beekman v. . Third Avenue R.R. Co.
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1897, which modified, and, as so modified, affirmed an order made at Special Term granting an injunction against the defendant pendente l/ite. The nature of the action, the questions certified for review 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 first judicial department, entered February 25, 1897, which modified, and, as so modified, affirmed an order made at Special Term granting an injunction against the defendant pendente l/ite. The nature of the action, the questions certified for review and the facts, so far as material, are stated in the opinion. The sale, even under the construction placed upon the Railroad Law by the respondents and by the Appellate Division, was of a franchise to construct and operate an entire and connected…
1Opinion of the CourtO’Beien, J.
The plaintiffs, as property owners, brought this action against the defendant to perpetually restrain the construction of a street railroad, as a branch or extension of its system, upon that part of Broadway near One Hundred and Eighty-second street in the city of Hew York known as the Kingsbridge road, at the point where the plaintiffs’ property intersects the highway. The action is based wholly upon the allegation that the consent of the city authorities and the sale of the right to use the street for railroad purposes, under which the defendant claims, did not comply with the statute and…
2Cases cited6 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Milhau v. . SharpNew York Court of Appeals · 1863
- Fanning v. . OsborneNew York Court of Appeals · 1886
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
- People ex rel. Union & Advertiser Co. v. Board of SupervisorsNew York Supreme Court · 1891
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3Cited by42 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- City of New York v. . BryanNew York Court of Appeals · 1909
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
37 more not listed; retrieve them via the Exa API.