Hyperlawhypertext legal database Goldschmidt v. New York Steam Co. 40 N.Y.S. 1143

← Cases

Goldschmidt v. New York Steam Co.

40 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1896-06-29 English

Contents

Majority

p. 1143
GOLDSCHMIDT, Appellant, v. NEW YORK STEAM CO., Respondent.
(Supreme Court, Appellate Division, First Department,
June 29, 1896.)

Headnote

Action by Georgette Goldschmidt against New York Steam Company. Plaintiff appeals from an order denying motion for a preliminary injunction. See 40 N. Y. Supp. 169 . O. Steele, for appellant. J. W. Hawes, for respondent.

In view of the nature of the business in which the defendant in this action was engaged, and the quasi public character of its services, and the inconvenience to a portion of the public which would have resulted from the granting of a preliminary injunction in this action at the season of the year at which it was applied for, we are of the opinion that the _ court below was justified in denying the motion; and for that reason the order appealed from should be affirmed, without costs to either party, but with leave to the plaintiff to renew his motion for a preliminary injunction, provided such renewal is made within a reasonable time after the announcement of our decision upon this appeal.