Barney v. Board of Rapid Transit Railroad Commissioners
New York Supreme Court
Motion for an injunction pendente lite to restrain the further construction of the rapid transit tunnel, under Park avenue, in the borough of Manhattan, New York city, in an action brought by the plaintiff, as a taxpayer, within the provisions of chapter 531 of the Laws of 1881 and amendatory acts.
1Opinion of the CourtGiegerich, J.
The gravamen of the action is the alleged unlawful act of the defendants in so directing the construction of the *550rapid transit tunnel under Park avenue, between Thirty-fourth and Forty-second streets, that the easterly wall of the tnnnel is made to follow a line distant only seven feet from the building or house line of the street, it being claimed that in the plan of construction adopted there is a substantial departure from the maps and descriptions prepared by the board of rapid transit commissioners, in accordance with the statute which created their powers, the legality of their acts in…
2Cases cited1 opinion
- Rogers v. . RogersNew York Court of Appeals · 1897
3Cited by4 opinions
- Barney v. City of New YorkSupreme Court of the United States · 1904
- Morgan v. SaslaffNew Jersey Superior Court Appellate Division · 1973
- Barney v. City of New YorkNew York Supreme Court · 1903
- Potter v. Interborough Rapid Transit Co.New York Supreme Court · 1907