New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-06

Tnr Bnolpwu RAuEo,p IMrscroS. Tho following
10 tho 0c order Of the Court In regard To The broadway
Railroad
grrrnton Cornr Tho Attorney General, Thomas l.
Dnyiu md Courilaud Palmer, rs The Mayor, Alder
men and Commonaiy Of the City Of New York Jacob
Aia Slc,Inl Tenn, before Mr. Justice DrsR.
This ,auso hGvrg been heretofore heard upon the
tlosdfQs AID pfoois and due elaboration beroupon hld
ard caring 10 the Court that the only material issues
of met rnised by the pleadngs the following
l. Whether the Railroad in Broadway when jacob
Sharp and biz ocaios defendants in this suit claim thar
they have lawful authority 10 construct and aYow th9r
intention 10 construct il constructed and regulated IN the
manner proposed, will be public nnisance and , -,
o Whether the grant made by the Common Council OF
the CIV of New York TO Jacob Sharp and bis associates
Of the rvere Of laying down and constructing the ha
road in question made in bad faith and from corrupt
motives
been folly considered and the same appearing to the
Court insufficient establish the fact either that the sad
Railroad viii if constructed be public nuisance or that
tie grant OF he privilege Of laying DOWN and constructing
the same made In bad faith, OF rom corrupt motives
aud therefore involved no breach Of trust on me part OF
the Corporation or Common Council, By whch II was
ID Is ordered and adudged that the Aforesaid issues Of
fact be- ard the hereby determined IN iaFoF Oh
the defer dani-. 49, -,
And the Questions Of law upon which the right Of the
plaintiffs the relief demanded by their complaint con
sdered to depend, being also weighed and eonsasrea
md II appearing the Court that the resolution hnay
adored hy the Common Council aforesaid on the hu
teth Of December, 1882 granting 20 jacob sharp ani
his associates the privilege OF laying down and construct
ing The RGroad aforesaid, although an ordinance N rs
form is not law, but grant of franchise which RON
the time Of IL acceptance by the grantees became con
tract uron the terms and conditions set forth 10 the saa
resolution and It also appearing TO the Court thaI the
Common Council aforesaid had power or authority 70
make tie aid grant and contract; and that the same i0
reasons manifest oniis face J. wholly Illegal ana Vod
It's therefore ordered and sdudged hat the SAD de
PENDANTS Jacob Sharp and others, and each OF hsm ana
all persons claiming under them ~ eeng under me al
ority and direction Of ihem either Of ITEM are mere
by IerIctusly enoinod and restrained from entering nio
or upon said street called Broadway for the purpose
Of loving or estabihing Railroad therein, unier the
rrnni resolution Of stid Common Council ABOVE re-
Tered TO- -.
And further ordered adiudgod ard decree4 BY III,
Court the the sad defendants. The Mayor Aldermen an
C.mmorny of the City u New York be- aud they here
Us age pef ualy cuoncd and roaifn sd from granting
io ms sspn lcfrens whousoovCf the exclusive rshi'
nbe'iy ii,lege Of laying down or constructing Kan
rood ia broadway,
"A totvI uro n T. tfscu. tlork.
tsis s.,se si ihe siose ia copy oi Judgment tbs
der drij enlsfsd Ia THE ssiiun
You're a.. MrNtruAF 4 llftf"Sf
fsis9 Nee lr'k. p0frmhef ?. 1881 ihs =" -