Town of Greenburgh v. Westchester Lighting Co.

The plaintiff appeals from judgments dismissing complaints in two actions that were tried together at Special Term in White Plains. The relief sought in both actions was to restrain and enjoin the defendant, a domestic public service corporation, operating in Westchester county, from maintaining or continuing the gas tank or holder erected on its premises adjacent to the Tarrytown-White Plains road in the town of Greenburgh.

The construction of the gas holder in question was begun in August, 1923. The first action to prevent the construction or the continuance of the holder was commenced on…