Town of Saranac v. Groton Bridge & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Town of Saranac, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 18th day of June, 1900, upon the decision of the court rendered after a trial at the Clinton Special Term dismissing the plaintiff’s complaint and vacating an injunction theretofore issued in the action.
1Opinion of the Court
Parker, P. J.:
The floods in the spring of 1898 had carried away a bridge in the town of Saranac, but left the abutments and some part of the old structure standing. In August, 1899, the defendant commenced to tear out the abutments and remove what was left of such bridge, and, although forbidden by the town, persisted in doing so. Thereupon this action was commenced to perpetually enjoin it from in any manner interfering with such bridge and its ^approaches.
On the trial at Special Term the complaint was dismissed and from the judgment entered thereon this appeal is taken.
The defendant’s…
2Cited by1 opinion
- Acme Road Machinery Co. v. Town of BridgewaterAppellate Division of the Supreme Court of the State of New York · 1905