Legal Opinion

Syracuse & Oneida Lake Electric Railway Co. v. Syracuse Rapid Transit Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1902PublishedCited by 2 opinions

Appeal- by the plaintiff, The Syracuse and Oneida Lake Electric Railway Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 12th day of May, 1902, denying its motion for a temporary injunction.

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Appeal- by the plaintiff, The Syracuse and Oneida Lake Electric Railway Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 12th day of May, 1902, denying its motion for a temporary injunction. The plaintiff and the defendant, The Syracuse Rapid Transit Railway Company, are street surface railway corporations, and each is desirous to extend or construct its line- of road from the city of Syracuse over what is known as the Liverpool plank road, to a point 1,000 feet south of the village of…

1Opinion of the Court

Adams, P. J. :

The granting or refusing of an injunction pendente lite rests in the sound discretion of the court of original jurisdiction; and the order of that court will not ordinarily be reversed upon appeal, unless it is made clearly to appear that there has been an abuse of such discretion. (Hessler v. Schafer, 82 Hun, 199; Pratt v. N. Y. C. & H. R. R. R. Co., 90 id. 83 ; Johnston v. Phoenix Bridge Co., 44.App. Div. 581.)

It is true that this rulé is not inflexible; on the contrary, an appeal from such an order will sometimes be considered where the order virtually disposes of the merits…

2Cases cited2 opinions

  1. Warsaw Water Works Co. v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1896
  2. Hesler v. ShaferNew York Supreme Court · 1894

3Cited by2 opinions

  1. Rochester & Eastern Rapid Railway Co. v. Monroe County Electric Belt Line Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Rochester & E. R. Ry. Co. v. Monroe County Electric Belt Line Co.Appellate Division of the Supreme Court of the State of New York · 1902

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