Tiedemann v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Tiedemann, from an order of the Supreme Court, made at the Kings County Special Term, bearing date the 2d day of June, 1897, and entered in the office of the clerk of the county of Richmond, denying his motion for an injunction pendente lite restraining the defendant from constructing, operating and maintaining a street surface railway upon Hyatt street, in the village of New Brighton, Richmond county.
1Opinion of the Court
Bradley, J.:
The main question requiring consideration is whether or not the defendant had obtained the consent of the owners of one-half in value of the property bounded upon Hyatt street, in the village of New Brighton, to the construction of a street surface railroad on that street, as required by the statute to that effect, which also provides that the value shall be ascertained and determined by the assessment roll completed last before the consent of the local authorities, also provided for, shall have been given to the like effect. (Laws of 1890, chap. 565, § 91, as amended by chap. 676…
2Cases cited2 opinions
- Fanning v. . OsborneNew York Court of Appeals · 1886
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
3Cited by1 opinion
- Fox v. New York City Interborough Railway Co.New York Supreme Court · 1905