Case v. Cayuga County
New York Supreme Court
Appeal from special term, Cayuga county. Action by Willard E. Case against the county of Cayuga and the board of supervisors of said county to enjoin defendants from consenting to the construction of a street railway in the city of Auburn. From an order vacating an injunction theretofore granted, plaintiff appeals.
1Opinion of the CourtWard, J.
The plaintiff is a taxpayer in the city of Auburn, Cayuga county, and brings an action under section 1925 of the Code of Civil Procedure, and also under chapter 301 of the Laws of 1892, to prevent waste and injury to the property of the county, and to enjoin against a threatened illegal act, and his complaint alleges that the board of supervisors of the county, assuming to represent the county, were threatening to give the consent of the county to the construction and operation of a street surface railway upon Genesee street, in the city of Auburn, in front of the real estate of the county,…
2Cases cited3 opinions
- Fanning v. . OsborneNew York Court of Appeals · 1886
- Hussner v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Fobes v. Rome, Watertown & Ogdensburg RailroadNew York Court of Appeals · 1890
3Cited by4 opinions
- Allen v. ClausenWisconsin Supreme Court · 1902
- Kennedy v. Mineola, Hempstead & Freeport Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Geneva & Waterloo Railway Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Kennedy v. Mineola, H. & F. Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902