The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-13
Supreme Court--speclai Tcrm.
Before Chief .Justice Edmopdg

THE NEW YORK AND BROOKLYN FERRIES.
JAN. IL Alfred O. Benson ard Others u.s. he Mayor,
Sc, Of N.r Yorh-This q motion respecting an
injunction restrain the Corporation from granting
lease the Nav York and Brooklyn Ferries to
1875 act passed to establish and regulate ferries
between the city Of New York and Long Island, and
that In pursuance to said act the plaintiffs made ap
piisaion to the commissioners appointed under 1t to
grant them license OF those ferries bet ween the city
of New York apd Lsng Island The license granted
TO the plaintiffs and William Packer since deceased
keep and establish four ferries between the city Of
New York and Broollyn-namely, the ferry At loot
of Fulton street the East River to the foet OF
Fulton street In Brooklyn for erage and transporta
tcn Of p persons, vehicles, Ne aud all right OF fer
Whi,.ba sorossthe East River to the foot Of Hsmil-
ton avenue in the city Of Brooklyn; also the ferry
from place TO the foot OF Atantio street in the
city Of Brooklyn and the piers numbers fourteen and
siAt-sn, La the city Of New York 70 the foot of
Montssu. stseet in the city Of Brooklyn The license
Of tach of these res Was granted Tor the period of
ten years fro tho nth October ls4s and TO
as 10 tho first mentioned ferry At the expiration Of
lease then existing between the defendants and John
Mcintyre. Jacob r. lie Roy and Henry Pierrepoint,
and also at the expiration Of lease Of the Hamilton
NJ Cutting With whom was associated Mr.. Van
Bursr and Mr. Davis, planned, the part OF the
d,-nisnt', that, while the judge Of this court
aotiDg upon the the complsinants went before
another jadgs and obtained order for
The present motion was, that the plaintiffs should
sbcw cause why an iujunction order, made BY Judge
Barclou of Poushkeepse, rslases to the In
junction. should not be set aside
After the reading ofaidavits, Chief Justice Edmonds
that he did not wish 20 iuterere and thst
az Judge Bai clou had mad. order to bear the
tion en- Monday, be would make no rule order In It.
SPECIAL TERM.
Before the Hon Judge. puer and Mason
las. n.--S,acey Pitcher Is. The Mayer, &c, J Nev
lork end the Neig ierk and Erie Rssirsad Company
rhis s motion for injunction TO restrain the New
York ana Erie Railroad Company from building upon
the square at the foot OF Duane street. the North
River The grounds upon which the application is
made that OF agreement made between the, Corpo
ration of New York aud Trinity Church. early ths
year lspl The land In question was reserved as .
public square, that the Corporation Of New York have
uniformly regarded IL; that smarket erected
the part ~ the rame In 1907, which remained
there until the year 1890 when u taken down by
Of the Of the property In the nsighbor
hood condition that the same rhouli remain open
,quare until required for market that the lower
part Of the square below Caroline street SLED in
by the Corporation In the year 1875; and from that
time until tbs present day has been used as publio
fse and and has been paved aud regu-
lated by the Cooperation The Erie Railroad Company
having taken lease OF the whole square from the Cor
peraticn, proceeding 70 erect buding upon it,
Tor the purpose of the company. The plaintiff con-
t,nJs that fhere has been valid dedication Of the
whole square to the public BY the agreement OF lIss
snd the subsequent acts Of the Cooperation The de-
i.rdaats cpntend that the facis OF the not
su cert 10 raise the presumption Of Dedication and
hat the Corporation have fuil power 70 DO they
think trsper with the square. The argument not
crrrtrfsn