Smith v. City of Buffalo

These actions are brought by two taxpayers of the city of Buffalo to obtain judgments declaring illegal a proposed grant or franchise to the International Railway Company to construct a double-track street railroad in Fillmore avenue and in other streets, a portion of which constitute park approaches, and to restrain the mayor and the park commissioners of the city from making, signing, approving or authorizing, or in any way executing such proposed grant or franchise.

A preliminary injunction was granted in each of the above actions, after the common council had passed the proposed franchise…