People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December .14, 1880, affirming an order of Special Term granting a temporary-injunction herein, restraining defendant from maintaining tollgates upon its road and from collecting toll, “ or interfering with or in any way interrupting the free passage or travel of any persons on said road.”
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December .14, 1880, affirming an order of Special Term granting a temporary-injunction herein, restraining defendant from maintaining tollgates upon its road and from collecting toll, “ or interfering with or in any way interrupting the free passage or travel of any persons on said road.” (Reported below, 23 Hun, 173.) The nature of the action and the material facts appear in the opinion. The provision of section 5 of chapter 135, Laws of 1876, that “the corporate existence of such plankroad…
1Opinion of the CourtEarl, J.
The above-named plankroad company was organized in 1850, under the General Plankroad Act of 1847, and the term of its existence was limited to thirty years from April 15, 1850. It constructed and maintained its road down to the commencement of this action, about Hay 14, 1880.
The action was commenced to restrain the plankroad company from taking tolls and from exercising its franchises, and for other relief, on the ground that the charter of the company had expired; and the sole question for our determination is whether the existence of the company was continued by the proceedings taken for…
2Cases cited5 opinions
- The People v. . O'BrienNew York Court of Appeals · 1868
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- Heath v. . BarmoreNew York Court of Appeals · 1872
- The People v. . AllenNew York Court of Appeals · 1870
- People Ex Rel. Burroughs v. . BrinkerhoffNew York Court of Appeals · 1877
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- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- People v. . DunnNew York Court of Appeals · 1899
- Matter of Mayor, Etc., of New York (Elm St.)New York Court of Appeals · 1927
- Farrington v. PinckneyNew York Court of Appeals · 1956
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