Trenton & Mercer County Traction Corp. v. Board of Public Utility Com'rs

Third Circuit

Trenton & Mercer County Traction Corp. v. Board of Public Utility Com'rs

229 F. 140, 143 C.C.A. 416, 1916 U.S. App. LEXIS 1544

CourtCourt of Appeals for the Third Circuit

DecidedJanuary 31, 1916

DocketNo. 2065

StatusPublished

This text of 229 F. 140 (Trenton & Mercer County Traction Corp. v. Board of Public Utility Com'rs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trenton & Mercer County Traction Corp. v. Board of Public Utility Com'rs, 229 F. 140, 143 C.C.A. 416, 1916 U.S. App. LEXIS 1544 (3d Cir. 1916).

Pincite

Opinion

BUFFINGTON, Circuit Judge.

This case comes before us on appeal from an order of the court below refusing to issue a preliminary injunction against the Board of Public Utility Commissioners of the state of New Jersey pending the hearing of the case. The grant or refusal of such injunction was a matter resting in the sound discretion of the three judges who heard the application in the court below. [141]*141After a full discussion of the cause in this court we find no abuse of discretion in such refusal, and the decree will be affirmed. We refrain from any present discussion of the important questions here involved, holding our views in abeyance until the cause comes before us on final hearing. As the case is of large importance, both to the people of Trenton and also to the traction company, it should he heard promptly, and as the calendar of the court below is so crowded as to prevent Judges Rellstab and Haight from hearing it soon, the case has been specially assigned for hearing before Hon. Victor B. Woolley, of Wilmington, Del., a member of this court, with a view to its earlier disposition.

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BUFFINGTON, Circuit Judge.

This case comes before us on appeal from an order of the court below refusing to issue a preliminary injunction against the Board of Public Utility Commissioners of the state of New Jersey pending the hearing of the case. The grant or refusal of such injunction was a matter resting in the sound discretion of the three judges who heard the application in the court below. [141]*141After a full discussion of the cause in this court we find no abuse of discretion in such refusal, and the decree will be affirmed. We refrain from any present discussion of the important questions here involved, holding our views in abeyance until the cause comes before us on final hearing. As the case is of large importance, both to the people of Trenton and also to the traction company, it should he heard promptly, and as the calendar of the court below is so crowded as to prevent Judges Rellstab and Haight from hearing it soon, the case has been specially assigned for hearing before Hon. Victor B. Woolley, of Wilmington, Del., a member of this court, with a view to its earlier disposition.

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Bluebook (online)

229 F. 140, 143 C.C.A. 416, 1916 U.S. App. LEXIS 1544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trenton-mercer-county-traction-corp-v-board-of-public-utility-comrs-ca3-1916.