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Fisher v. New York, Westchester & Connecticut Traction Co.

62 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1900-01-16 English

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p. 1137
FISHER, Respondent, v. NEW YORK. W. & C. TRACTION CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
January 16, 1900.)

Headnote

Action for an injunction by William J. Fisher against the New York, Westchester & Connecticut Traction Company. From an order continuing an injunction pendente lite, defendant appeals. Reversed, and injunction dissolved. James 0. Church, for appellant. Alexander Cameron, for respondent.

This case is in all respects like the Bellew Case against this defendant (Sup.; 62 N. Y. Supp. 242 ), except that the consent which was given in this case was so given by plaintiff’s grantor. This consent, so far as the plaintiff is concerned, conferred upon the defendant the legal right to construct its railroad, and the plaintiff is bound thereby. For this reason the order should be reversed, and the injunction dissolved.

Order reversed, and injunction dissolved,' with $10 costs and disbursements.