Thompson v. Matthews
New York Court of Chancery
The defendants, Charles S. Matthews, Charles Woods and James Hall, were ordered to show cause on this day why an injunction should not issue, restraining them “ from trans-u u P01,ting or causing to be transported across the bridge from Harlasm across the Harlasm river any marble or stone in quantities exceeding at one time or in any one load the weight of two tons, until the further order of the court.”
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The defendants, Charles S. Matthews, Charles Woods and James Hall, were ordered to show cause on this day why an injunction should not issue, restraining them “ from trans-u u P01,ting or causing to be transported across the bridge from Harlasm across the Harlasm river any marble or stone in quantities exceeding at one time or in any one load the weight of two tons, until the further order of the court.” The' bill in the cause was filed by Samuel M. Thompson, Samuel Flewelling, William F. Coles and Isaac U. Coles, for and in behalf of themselves and the other owners and proprietors of the…
1Opinion of the Court
The Vice-Chancellor:
The motion for an injunction cannot be granted. The road across the bridge is undoubtedly a highway, though all persons and carriages passing must pay a toll: but, still, it is a public highway. The affidavits in opposition take very much from the force of the allegations in the bill. But this is a case in which the parties have legal rights. The bridge is a public one. If persons take improper loads and the bridge has been properly constructed, then the owners of it have a remedy by a special action on the case or in trespass for damage done; while, on the other hand, if…
2Cited by6 opinions
- Houle v. LewonisMassachusetts Supreme Judicial Court · 1923
- Mallory v. Saratoga Lake Bridge Co.New York Supreme Court · 1907
- Grove Bridge Co. v. State Ex Rel. HamptonSupreme Court of Oklahoma · 1928
- Howlett v. N. Y., West Shore, &c. Railway Co.New York Supreme Court · 1882
- Loeser v. LiebmannNew York Supreme Court · 1891
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