Majority
p. 1132HATHORN et al. v. NATURAL CARBONIC GAS CO. (Supreme Court, Appellate Division, Third Department. September 25, 1908.)
Headnote
Action by Emily H. Hathorn and another against the Natural Carbonic Gas Company.Motion for leave to appeal to Court of Appeals granted, and questions certified as follows: “First. Does the complaint state a cause of action other than under the statute hereinafter mentioned? Second. Does the complaint state a cause of action under Laws 1908, p. 1221, c. 429? Third. Is chapter 429, p. 1221. of the Laws of 1908, .a constitutional enactment? Fourth. Did the Supreme Court have power to grant the preliminary injunction?” See, also, 112 N. Y. Supp. 374 .