Hyperlawhypertext legal database Eighth Avenue Railway Co. v. Mayor 4 N.Y.S. 956

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Eighth Avenue Railway Co. v. Mayor

4 N.Y.S. 956 Court N.Y. Gen. Term Decision date 1889-01-28 English

Delivered by Van Brunt, P. J.

Contents

Majority

p. 956
Eighth Ave. Ry. Co. v. Mayor, Etc., of New York.
(Supreme Court, General Term, First Department.
January 28, 1889.)

Headnote

Appeal from special term, New York county.
Action by the Eighth Avenue Bailway Company against the mayor, etc., of New York to restrain defendants from interfering with plaintiff’s use of snow-plows for removing snow from their railroad tracks, and to restrain the enforcement of an ordinance to regulate the use of snow-plows and sweeping machines, etc. A preliminary injunction was granted, and defendants appeal.
Argued before Van Brunt, P. J., and Daniels and Bartlett, JJ.
D. J. Dean, for appellants.' J. M. Scribner, and 0. E. Bright, for respondent.

Upon an examination of the argument presented upon the part of the respondent upon this appeal we do not see but that all the points have been met by the conclusions arrived at by this court in the decision of the case of Railroad Co. v. Mayor, 1 N. Y. Supp. 646 , and for the reasons stated in that opinion the order appealed from should be reversed, with $10 costs and disbursements. All concur.