Hamilton v. New-York & Harlem Rail Road
New York Court of Chancery
This was an application for an injunction to restrain the defendants from extending their rail road through Broome street; or rather from using the road laid down in the street, as the construction of it had been completed before the motion was made.
1Opinion of the Court
The Chancellor.
From the affidavits it is evident that the rail road cannot materially interfere with the use of the street for the ordinary purpose of passing with carts and carriages. It is insisted, however, on the part of the complainants that the time for completing the road expired in March, 1839, and that the defendants had no right to lay down these rails in Broome street after that time.
The orignal act of April, 1831, authorized the construction of a rail road from the north bounds of 23d street to the Harlem river, and required the road to be located within six months and to be…
2Cited by17 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Tate v. Ohio & Mississippi RailroadIndiana Supreme Court · 1856
- Harris v. ThompsonNew York Supreme Court · 1850
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