Legal Opinion

Manhattan Bridge Three-Cent Line v. Third Avenue Railway Co.

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

Decided January 17, 1913PublishedCited by 1 opinion

Appeal by the plaintiff, the Manhattan Bridge Three-Cent Line, 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 13th day of November, 1912, vacating a temporary injunction and denying the plaintiff’s motion to continue the same pendente lite.

1Opinion of the Court

Burr, J.:

It is difficult to resist the conclusion that the defendant railroad companies are operating a street surface railroad over a highway, within the boundaries of the city of New York, which is neither named nor described in the original certificate of incorporation of either of said companies, nor in any certificate of extension thereof, and that neither of said companies has obtained any franchise therefor in the manner prescribed by law. If such is the case, the so-called license or consent of the defendant, the commissioner of bridges, is of no avail (Brooklyn Heights R. R. Co. v.…

2Cases cited5 opinions

  1. Fanning v. . OsborneNew York Court of Appeals · 1886
  2. Bklyn. Heights R.R. Co. v. . City of BrooklynNew York Court of Appeals · 1897
  3. City of Yonkers v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1910
  4. Richards v. Citizens' Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Central Crosstown Railroad v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. City of New York v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1921

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