Rochester & E. R. Ry. Co. v. Monroe County Electric Belt Line Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by the Rochester & Eastern Rapid Railway Company against the Monroe County Electric Belt Dine Company. From an order vacating a temporary injunction restraining defendant from constructing and operating a street railroad on Canal or Mill street, in the city of Fairport, plaintiff appeals.
1Opinion of the CourtHiscock, J.
In a case recently presented, involving, as does this one, a contest between rival street railroads, this court had *999occasion to state the well-recognized rules which would govern it in passing upon an order such as is here appealed from, granting or refusing an injunction pendente lite. Syracuse & O. L. Electric R. Co. v. Syracuse Rapid Transit Ry. Co., 74 App. Div. 565, 77 N. Y. Supp. 812. It was there said:
“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…
2Cases cited1 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 · 1902