Majority
p. 411Hodgkinson v. The Long Island Rail Road Company.[1] May 20, 1844.
Headnote
Preliminary injunction refused to stop a Rail Road Company from completing a tunnel through a city authorized by the civil authorities of the place —on an allegation of nuisance by an owner of adjoining property on the same Ene.Injunction. Nuisance.
Motion on the filing of a bill for an injunction to restrain the Long Island Rail Road Company from constructing a tunnel through Atlantic street in the city of Brooklyn; and from running cars there when completed. The bill was filed by a party owning property on Atlantic street; and was founded on the idea of nuisance, and prayed a perpetual injunction. Affidavits were annexed to it. These and the bill disclosed the fact that the tunnel had progressed before the bill was filed; while, by the affidavits read in opposition to the motion, it appeared that it was almost completed.
The Common Council of Brooklyn had consented to the making of the tunnel.
Mr. A. Mann, Jr., and Mr. William Silliman, in support of the motion.
Mr. Clarice, contra.
Held, that the court of chancery had not jurisdiction to restrain the construction of this great work or the use of it, when completed. That it was a matter of municipal regulation and the corporation of Brooklyn having granted to the defendants the privilege of constructing the tunnel for the purposes of their road, this court would not inquire whether the municipal authorities
p. 412
of Brooklyn, in making such a grant,, had exceeded their powers or not. It was a matter triable at law and the parties aggrieved must be left to their legal remedy.
Motion denied, with costs.