New York Central & Hudson River Railroad v. Village of Hastings-on-Hudson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in. the office of the clerk of the county of Westchester on the 3d day of July, 1896, appointing a referee to ascertain and report the amount' of damages sustained by the village of Hastings-on-Hudson by reason of an ' injunction granted in the action.
1Opinion of the Court
Bradley, J.:
The temporary injunction was modified, and afterwards, on the plaintiff’s motion, which was opposed by the defendant, leave was granted to the plaintiff to discontinue the action, without costs; and it was discontinued accordingly by the plaintiff. Thereupon the-order appealed from was moved for by the defendant and granted. The undertaking on the part of the plaintiff was made pursuant -to the statute, and was to the effect that the plaintiff would pay to the. defendant such damages, not exceeding the sum specified in the undertaking, as the defendant might sustain by reason of…
2Cases cited3 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
3Cited by5 opinions
- Straus v. GuilhouAppellate Division of the Supreme Court of the State of New York · 1903
- Harrison v. Hind & Harrison Plush Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Straus v. GuilhouAppellate Division of the Supreme Court of the State of New York · 1903
- Wise Shoe Co. v. FischerNew York Supreme Court · 1936
- Clare v. GuidiNew York Supreme Court · 1958