Hart v. Buckner
Court of Appeals for the Fifth Circuit
Appeal from tbe Circuit Court of the United States for the Eastern District of Louisiana. In Equity. Bill by Newton Buckner and others against Judah Hart to enjoin the construction of an electric trolley railway in front of complainants’ premises on Coliseum street, Hew Orleans. The circuit court granted a motion for an injunction pendente lite, (52 Fed. Rep. 835,) and defendant appeals.
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Appeal from tbe Circuit Court of the United States for the Eastern District of Louisiana. In Equity. Bill by Newton Buckner and others against Judah Hart to enjoin the construction of an electric trolley railway in front of complainants’ premises on Coliseum street, Hew Orleans. The circuit court granted a motion for an injunction pendente lite, (52 Fed. Rep. 835,) and defendant appeals. Statement by PAJRDEE, Circuit Judge: By ordinance 5784, O. S., adopted November 17, 1891, the common council oí the city of New Orleans ordained “that the comptroller give notice in a newspaper that he will,…
1Opinion of the Court
PABDEE, Circuit Judge,
(after stating the facts.) The order appealed from enjoins the defendant from entering upon Coliseum street, between Louisiana avenue and Bace street, for the purpose of constructing a street railway, and from disturbing the surface or the paving of said Coliseum street, or from making excavations or constructions therein or thereon, by virtue of certain city ordinances and contracts recited. The propriety of this order is all that is before us for review. Whether the appellees, complainants in the court below, are entitled to all the relief prayed for in their original…
2Cases cited6 opinions
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Schurmeier v. St. Paul & Pacific RailroadSupreme Court of Minnesota · 1865
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Wetmore v. StoryNew York Supreme Court · 1856
- Dudley v. TiltonSupreme Court of Louisiana · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gill v. City of Lake CharlesSupreme Court of Louisiana · 1907
- Davis Electrical Works v. Edison Electric Light Co.Court of Appeals for the First Circuit · 1894
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- American Steel & Wire Co. v. Wire Drawers' & Die Makers' Unions Nos. 1 & 3U.S. Circuit Court for the District of Northern Ohio · 1898
- Longnecker v. Wichita Railroad & Light Co.Supreme Court of Kansas · 1909
5 more not listed; retrieve them via the Exa API.