Colonial City Traction Co. v. Ulster & Delaware Railroad

Appellate Division of the Supreme Court of New York

Colonial City Traction Co. v. Ulster & Delaware Railroad

47 N.Y.S. 1133

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 14, 1897

StatusPublished

This text of 47 N.Y.S. 1133 (Colonial City Traction Co. v. Ulster & Delaware Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colonial City Traction Co. v. Ulster & Delaware Railroad, 47 N.Y.S. 1133 (N.Y. Ct. App. 1897).

Pincite

Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

47 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-city-traction-co-v-ulster-delaware-railroad-nyappdiv-1897.