City of New York v. New Jersey & Staten Island Ferry Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New Jersey and Staten Island Ferry Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of November, 1915, upon a decision of the court after a trial at the Kings County Special Term.
Read the full summary
Appeal by the defendant, New Jersey and Staten Island Ferry Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of November, 1915, upon a decision of the court after a trial at the Kings County Special Term. The judgment enjoined the defendant, its agents and officers from using or employing boats of any kind for the transportation of persons, vehicles, animals and goods from or to Hollands Hook, in Richmond county, and awarded damages to the plaintiff.
1Opinion of the Court
Jenks, P. J.:
The judgment should be affirmed upon the opinion of Mr. Justice Kapper at Special Term (92 Mise. Rep. 40). It would be superfluous to add to or to amplify his discussion of the principal question.
The plaintiff is not barred from equitable relief because the unauthorized maintenance of a ferry is. made a misdemeanor by section 870 of the Penal Law. We are cited to Woollcott *497v. Shubert (169 App. Div. 194), wherein is discussed and approved the rule of Almy v. Harris (5 Johns. 175). Almy v. Harris (supra) is limited in Jordan & Skaneateles Plankroad Co. v. Morley (23 N. Y. 554), so…
2Cases cited2 opinions
- Almy v. HarrisNew York Supreme Court · 1809
- Woollcott v. ShubertAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by4 opinions
- Brooklyn & Richmond Ferry Co. v. United StatesCourt of Appeals for the Second Circuit · 1948
- United Traction Co. v. SmithNew York Supreme Court · 1921
- Murray v. City of New YorkNew York Supreme Court · 1937
- Seideman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942