Majority
p. 614Trojan Railway Company, Respondent, v. Elias P. Mann, as Mayor of the City of Troy, et al., Appellants. (Argued May 31, 1909; decided June 18, 1909.)
Headnote
Trojan Bailway Go. v. Gity of Troy, 125 App. Div. 362 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered April 1, 1908, which reversed an interlocutory judgment of Special Term sustaining demurrers to the complaint and an order denying a motion to continue a preliminary injunction, overruled such demurrers and granted such motion in an action to restrain the defendant mayor from executing
p. 615
and delivering to the defendant United Traction Company a certain franchise for the construction of a street railway.
The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action ? ”
George JB. Wellington, Corporation Counsel, Lewis E. Carr and John E. MaoLean for appellants.
Thomas O' Connor for respondent.
Order affirmed, with costs, and question certified answered in the affirmative, on authority • of the case of Village of Phœnix v. Gannon ( 195 N. Y. 471 ).
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.
Cases cited
- Village of Phœnix v. Gannon 195 N. Y. 471 p. 615