New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-15
LAW INTELLIGENCE.
SUPREME CoURT-sPEoiAL TERI-Aug. 14-Before Judge
CoWLEs.
KISTH.AvLNUE RAILROAD.

SUPREME COUkT-SPEciAL Ikkh-Aug l4-beiore Jaogs
CowLEs
KIHTH-AvENUE RAILROAD.
The Company il will be recollected, az the close we
believe of 1852, obtained grant from the Common
Council permitting them to lay railroad track on
kintb-aV. by double track 10 GansevoOrtst, thence
by single track down Washing ton-st 10 the Battery,
round TO Greenw ich-st, thence 40 single track
tn h Greenwich to meet the track on Nlnth-av
the road we believe, first to extend to Forty ninth
st. and the line above that point being graded to
inttrsect Broadway, thence on Tenth-av 10 Harlem
River. The grant, we believe, has fallen into the
hands of Messrs. George Law Oliver Charllck, and
two or three others, who also the principal |nors
or holders of the Eighth-av. Railroad. The Company
have constructed their road it is ssid, Nintaav
down to 6ansevoort st. An injunction was obtained
sometime since prohibiting them from laying their
track on Washington and G-eenwich-sts on the
ground among other things, that the grant had not
been yaldy obtained and also that the track wouli
be auce inasmuch il would interfere with the
business of persons e-tah shed on those streets among
them the large sugar refining and candy wo ks Of the
Messss Stuart occupying the entire block on Greea-
wich.st., between Chambers and Reade-sis Motion
was made short time since 10 dis live the Injunction
NOTED by US at the time and argued Judge Co les
ye terday rendered decision al much length, review
ing the various points Of argument and hoding that
the Injunction must he retained respects both
Washing on and Greenwch-sts beiween ReNde and
Courlsndt SITS, and dissolved 10 the remainder of
the line SO that 10 fact the track come down no
further than Reade-st and there is power of con-
acting the line from Washington TO Green wch-ss.
The following an abstract OF the decision opin-
ion of the Judge, prepared by himself:
DECISION As TO THE ROAD.
A. K. Wemore and other sst Miner c. Story and others
COwLEs J.-Ths cause having been brought TO a
hearing before me, at special term OF this Court, |
find tie follow NC facts:
l. The permission 10 lay down a railroad track was
granted to the defendants under certain resolutions set
forth in The complaint, passed by the Common Coun-
Gil Of this City.
> That such rosolutiops were accepted by the de-
feudants who executed the instrument provided there
for IT. such resolutions.
3. That the defendants commenced the construction
of such railway track within the time prescribed in
such resolutions.
4. That il is not proved that any offer favor
able than the permission granted, 10 the tax payers of
such track, was made in good faith to such Common
Council
5. Tha, the construction of such railroad along the
line OF either Washington Or Grcenwch-sts iniermc-
di0tc 20 The intersection of the northerly line Of Resde
At. ard the souhery line OF CoHrtlandtst oa the said
Washington and Greenwichs.s., would intic serious
Irvs'e jury upon the plaintiffs in unduely obsruct
I"g them IN approaching 10 their respective places Of
business adjoining upon such streets amounting in It's
effects and consequences, TO private nuisance 70 the
plaintiffs; but the other parts OF the line would be
neither public or private nuisance.
Upon these facts bold, frst as a matter Of law,
that all proper legal iormalties have been complied
with in tie passage Of such resolutions requisite
render them valid; sccOnd thai the construction of
such road on the line of Washington and Greenwich
sis intermediate 10 the north line Of ReGde.s and the
south line Of Courtlandt-st should be res'raned aud
for that purpose and 20 that extent the Injunction
maze perpeius and to all other parts thereof the
same is 10 Dc dissolved.