Legal Opinion

City of Brooklyn v. Jourdan

New York City Court

Decided October 15, 1879PublishedCited by 6 opinions

Motion by plaintiff to continue an injunction. This action was brought by the City of Brooklyn to enjoin the defendant, James Jourdan, - as receiver of the Mutual Gras Light Company, from opening streets, laying pipes, &c., in the said city.

1Opinion of the CourtReynolds, J.

This action is brought to enjoin the defendant, as receiver of the Mu tual Gras Light Company, upon the ground mainly that the right which said company had acquired of laying pipes through the streets of the city cannot pass to or be exercised by the defendant as such receiver. The theory of the plaintiff is that the permission to thus use the streets was a mere license, and could not be transmitted to any other corporation or person.

The company was organized under the general act passed in 1848, and the several acts amending the same. It is provided by section 18 of the original act that any…

2Cases cited2 opinions

  1. Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
  2. Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860

3Cited by6 opinions

  1. People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
  2. Attorney-General v. Consolidated Gas Co.New York Supreme Court · 1907
  3. Ghee v. Northern Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. In re Seaboard Telegraph & Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. People ex rel. Woodhaven Gas Light Co. v. DeehanAppellate Division of the Supreme Court of the State of New York · 1896

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