Majority
p. 1133COLONIAL CITY TRACTION CO., Appellant, v. ULSTER & D. R. CO., Respondent. (Supreme Court, Appellate Division, Third Department. September 14, 1897.)
Headnote
Action by the Colonial City Traction Company against the Ulster & Delaware Railroad Company.Upon the case as presented, the plaintiff was not entitled, as matter of right, to a temporary injunction. It was, at most, within the discretion of the court; and no sufficient ground is apparent for us to interfere with the discretion of the special term, or exercise our discretion, if in our power to do so, in favor of the plaintiff. We do not consider the other propositions discussed by the court below, or pass upon the questions involved in the merits of the case. They can be better disposed of at the trial. We therefore affirm the order.