Ghee v. Northern Union Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John F. Ghee, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of June, 1898, denying the plaintiff’s motion to continue a preliminary injunction theretofore granted in the action, and vacating said injunction.'
1Opinion of the Court
O’Brien, J.:
This is a taxpayer’s action brought under the Laws of 1881 (Chap. 531) as amended by the Laws of 1892 (Chap. 301), and the object of it is to restrain the laying of gas mains in certain streets in New York city upon the grounds that the defendant, the Northern Union Gas Company, which is laying the mains, has no franchise or right to do so, and that certain officials of the city, the commissioner of highways and the deputy commissioner of highways of the borough of the Bronx, have illegally granted the permit for the laying of said mains and are aiding and assisting the gas…
2Cases cited3 opinions
- City of Brooklyn v. JourdanNew York City Court · 1879
- Abraham v. MeyersNew York Supreme Court · 1893
- Sheehy v. McMillanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- West Side Electric Co. v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1905