New York & N. H. R. v. New York
U.S. Circuit Court for the District of Southern New York
This y^as a motion for a provisional injunction, to Restrain the defendants from interfering with the running of the plaintiffs’ locomotive engines on their tracks in the Fourth avenue, in the city of New York, south of Forty-Second street.
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This y^as a motion for a provisional injunction, to Restrain the defendants from interfering with the running of the plaintiffs’ locomotive engines on their tracks in the Fourth avenue, in the city of New York, south of Forty-Second street. The common council of the city of New York passed an ordinance, on the 27th of December, 1854, declaring that no locomotive or steam engine should be allowed to run on the tracks of the New York and Harlem Railroad Company, or of the New York and New Haven Railroad Company, in the Fourth avenue, south of Forty-Second street, eighteen months after the…
1Opinion of the Court
NELSON, Circuit Justice.
The only question which I deem it material to consider, on this motion for an injunction, is, whether or not the common council of the city of New York possessed the power to pass the ordinance of the 27th of December, 1854, prohibiting the running of locomotives on the Fourth avenue below Forty-Second street, (1) as it respects those belonging to the Harlem Company, and (2) as it respects those belonging to the New Haven Company.
It is insisted, on the part of the plaintiffs, that, under the charter of the Harlem Company, of the 25th of April, 1831, the common council,…
2Cited by2 opinions
- Pepin County v. PrindleWisconsin Supreme Court · 1884
- Commonwealth v. GableSupreme Court of Pennsylvania · 1821