Fox v. New York City Interborough Railway Co.

An. injunction is sought by the plaintiffs, owners of property abutting on the street in question, to restrain the defendant from continuing the construction of a railroad through such street. The ground of the application is that the consents required by statute have not been obtained. The requirements referred to are contained in section 91 of the Railroad Law (L. 1890, ch. 565, as amd.), which, among other things, provides as follows: “Sec. 91. Consent of Property Owners and Local Authorities.— A street surface railroad, or extensions or branches thereof, shall not be built, extended or…