New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-12-28

Law Courts.
SUPReNs CoVkr.- GCr10I Tvs-Before dgss ones,
Etw ards EdmOnds snd Huribut ID ecisions -HUo-
son RIVER RAusoAD-Mouon was made previous 10 the
sud Hudson ss 10 Chamber. for en- Djuncsn 70 restrain
the company from laying down he track and compel
lha 10 la those on ID shove already las This
Court yesterday gave decision seoyiDg the moIoD.
Ths principal points Of the application we're that me
Railroad WA al Injury 20 me properly 10 .he suesS ana
dangerous tho lives OF the nhAblslIs-thsl the 0wno
of the lots sso owners Of oneha hs street In front
Of their premses-lhst The Corporation hsd no night to
vots Board Of Aldermen permitting H. being but
10 D, e's ihan majority Of tho whole number OF menu
Oes elected was Invalid under iho amended cnsf!er
which required majority Of az the members In order 10
pafs AZ ordnance or law.
opui0n al much lsngsh. Hudson-sL ceded by Ihe
Corporation Of Triny Church to the corporation Of The
tho street, ezeeps The line Of block Rssde and
Chambers where Il 10 some narrower 10 from IS TO
81 feet wide and the double track which 10 10 .he middle
the rosd up ihsn 6 feet and Cslasl 10 100
es wide Tho Of the lots do the street.
the fes they have common Interest Ia the street
With others, bat no greater Interest," 90 10 SEXUAL legal
right Than ihe public Of large By tho City Charter tho
Corporation have hgnI 10 regulate The Streets aud here
co good ressop bat the contrary Why tho power Of
permitting railroad 10 DO lad down 10 portion
VI any street or streets, for the pubic accommodation
and use, should within The power regulation
II 10 different mode Of use FROM what was orr nay
ghoug Of but II 10 necessary with yiow the prove
mens 10 machinery the advance Of tho age fsc
ues OF this mode OF travel Tho Lesis AZURE gave per
Mission IBIS Company 10 construct rsilrc id from
City Of NewYoTk POINT opposite Albany and to lsy
down heir rails 10 s1ch streets Of Ne~-Yofs he Com
mon Council should give them permisson 10 do. The
woe Of inc bosd Of Aldermen merely granting mi. per
nissiOI, was nos law sosh REQ aired The Of
lony Of all tho members 10 The Board Of Assistants the
vote ~ss Is 10 10 favor and minor matters Of the Kind
were disposed Of BY 10 Joint ballot, 10 would Do
equally good any way The Court thinks hat he Cor
porsn0r hss nigh! TO give permission FOR railroad nsets
70 os aio down 10 me suees-he owners OF lo on me
ms have no more ngts Than Of adjoining pro-
perry with tho common night Of the Of tho street
eh1ud No business premises Of any be injured the
-cs OF mo CON psny they hsge hsT remedy 10 suit
sv. The motion for Injunction naH be dsnied. Judge
Edvhds stated that thu opinion OF The Chief justice
eoneunsd Ia ~ himself and Judge Edm0nds, being the
unanimous opinion Of the C0un before whom Zoo csss
was Argued
Cay9 Nss- Y,s 70 st,ph>a WAitnsy Claim for Two
Inhds Ihe coat IN hnz up Pse-shp sgsinE adjoioiDs
osbers Toe question whsthsr he lnsrtcn was 10
n ap ne snp or 10 run buEhosd II and exood
IL later The cost wss TO be charged TO owners
10 honh Ia tng up sips The spses hlled up s renms
oen1y 70 remain opep thereby bensfsng The property
% 7acn slde The CoQr considers lnat slta0uYh sOu-
g. was extended tne primary object 10 hl Up Pss
shp-Jgigme1i for plsipuf with costs This decides
rs iniimsied By Mr.. Davies Corporation Counsel, up
~nd VI twenty other similar sau sgsinst adjoining
era
state Of Ono 70 Fsvyp Pei GA q mortgage given BY
Mr. r " Norlh America Trust Company, ard assigned
10 blaintif JUDI msnt for plaintiff