Dry Dock, East Broadway & Battery Railroad v. Mayor of New York
New York Supreme Court
THIS is an appeal from an order denying the defendants’ motion to dissolve an injunction. The motion was, upon the complaint, answer and affidavits, to dissolve an injunction granted herein, on the 19th day of June, 1869, restraining the defendants from proceeding with the construction of certain sewers in the city of New York.
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THIS is an appeal from an order denying the defendants’ motion to dissolve an injunction. The motion was, upon the complaint, answer and affidavits, to dissolve an injunction granted herein, on the 19th day of June, 1869, restraining the defendants from proceeding with the construction of certain sewers in the city of New York. The plaintiffs allege that they are engaged in the operation of a railroad in certain streets of the city, under several legislative grants, and that among other streets in which they are so operating such railroad are Grand and Clinton streets, and avenue B. The…
1Opinion of the Court
By the Court, Clerke, P. J.
The question involved in this motion is, whether a prohibition, contained in an act of the legislature, passed in 1860, shall he so construed as to prevent the defendants from completing a plan for the sewerage of the city, and from constructing the sewers in accordance with this plan. This plan, so exceedingly important to the health and convenience of the citizens, was sanctioned by the legislature, by an act passed in 1865—five years after the act containing the alleged prohibition.
I. The language, to authorize the court to give effect to this alleged…
2Cited by1 opinion
- Brooklyn Elevated Railroad v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896