South Shore Traction Co. v. Town of Brookhaven
New York Supreme Court
Motions are made by the plaintiff in the above four actions to continue temporary injunctions, and in two of them plaintiff also moves for leave to serve supplemental complaints.
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Motions are made by the plaintiff in the above four actions to continue temporary injunctions, and in two of them plaintiff also moves for leave to serve supplemental complaints. The actions are brought to enjoin the local authorities of the town of Brookhaven and the village of Patchogue respectively from granting to defendant railway companies, and said defendant companies from accepting, consents or franchises to construct and operate a railway over certain streets, on the ground that the right to construct a railway on said streets had previously been granted to the plaintiff by the…
1Opinion of the CourtScuddee, J.
On April 1, 1903, the South Shore Traction Company, the plaintiff, obtained consents or franchises from the village of Patchogue and the town of Brookhaven respectively to build a street railway on certain highways. These consents were substantially the same in terms. The consent of the highway commissioners of the town of Brookhaven contained the following provisions:
“ 2. This franchise and consent not to be operative until the Traction Company shall give or cause to be given a bond of sufficient sureties to be approved by said highway commissioners in the penal sum of seven thousand five…
2Cases cited2 opinions
- Huntington v. Cortland Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Banigan v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 1898