Legal Opinion
Gallagher v. Keating
New York Supreme Court
Decided April 15, 1899PublishedCited by 1 opinion
Motion to continue an injunction pendente lite. The facts appear in the opinion.
1Opinion of the CourtMaddox, J.
This is a motion to continue an injunction pendente lite, and there is grave doubt whether this is the proper ■action to justify the judgment plaintiff asks.
It does not appear that plaintiff is an abutting property-owner on the line of either of the railroads or of the proposed ’viaduct," nor is "this action brought to abate or restrain a nuisance, and' the taxpayer’s action, as authorized by chapter 301 of the Laws of 18*92, is one “ to prevent any illegal official act, * * or to prevent waste.or injury to, or to restore and make good, .any property, funds or estate of such * * * municipal…
2Cases cited6 opinions
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
- Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
- Eldert v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- New York, Lackawanna & Western Railway Co. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bennett v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1903