New York & Albany Railroad v. New York, West Shore & Buffalo Railroad
New York Supreme Court
This was a motion for an injunction restraining the defendant, its agents, servants and attorneys, from locating or building upon the route, theretofore located and adopted by the plaintiff, or any part thereof.
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This was a motion for an injunction restraining the defendant, its agents, servants and attorneys, from locating or building upon the route, theretofore located and adopted by the plaintiff, or any part thereof. The action was brought to obtain the same relief as that sought upon this motion, the complaint alleging the incorporation of the plaintiff on November 14,1866, for the purpose of operating a railroad from some point in Rockland county, on the line between the States of New York and New Jersey, in a northerly direction through the counties of Rockland, Orange, Ulster, Greene and…
1Opinion of the CourtLearned, J.
There are several reasons why, in my judgment, this motion should be denied.
First. It is a motion for the same injunction which is sought by the judgment asked for in the complaint (Code Civ. Pro. § 603). It is not an injunction which *390is necessary in order that the final judgment may be effectual (Code Civ. Pro. § 604, subd. 1). And the consideration of this motion involves, in fact, the trial of the case upon affidavits. Now, it is a salutary rule that such an injunction should not be granted, except there be the greatest need therefor. Unless some immediate and irreparable injury will…
2Cases cited9 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Herrick v. StoverNew York Supreme Court · 1830
- New York & Boston Railroad v. GodwinNew York Supreme Court · 1871
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3Cited by4 opinions
- Forman v. HealeyNorth Dakota Supreme Court · 1903
- Reynolds v. EverettNew York Supreme Court · 1893
- Erie & Jersey Railroad v. BrownNew York Supreme Court · 1907
- Johnson v. Kingston Board of EducationNew York Supreme Court · 1902