The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-15

bly, lie vedsed The crevircs Of the rocks Il the bottom
Niagara river.
supreme Court.
THE s.. NICHOLAS HOTEL DEsALcAT1oN.
Before Hon. Judge Peabody.
SrFr 1s-Jch7 p Treadyu ard cthers rs John NJ Ldio-
IT.-hoton TO ne: aside attachment denied, with $40
costr.
Before Kon. Judge Mitchell
IN ne meter = the Empire Oily Bonk- the report will
be confirmed except where 4. il other wise directed
INFORMANT TO RAILWAY coMPAN1Es-rHE INJUrC-
TON AGAINST THE BUFFALO STATE LINE CON-
TrNuED.
Before Hon. Judge Davies
The Nee Fork and Ere Railroad Company Us. the Buffalo
ard Ssae Line Ralroad Obmpany-rAis was a motion TO
dissolve injunction On the 18th Of April 1851 the
parties TO this returned with written agreemen.
defendants are the owners Of road running from Buia,
TO the STATE line, connecting with plant is road 81 Oun-
papy II Buffalo BY this agreement the defendants
Contracted 70 operate tner road impAraly agaus,
me ln,sr". OF me plaintiffs ard me Central line o.
hles 20 either TO the iDjuripg Of the other; thai
there should be uniform rate Of fare, and
freight mile on the Buffalo and State Line Railroad
The agreement contains other provisions not necessary
mention The plantns aege that the defendants have
they allow the holders Of ticket sold merely Of said STATE
line, with coupons attached for the New York Central
road 20 over their road, BY virtue Of said coupons
time rcfcse The Ike facility and transit TO passengers hold
rg IKE tickets, but having coupons which designate the
latter pssssps demand and ezaa the payment 81 fare
and refuse them passages liz road uness the be
paid That the defendants charge and exact for and from
freight and passengers, having come over The plaintiff .
road and intending 70 pas over the ssue much higher
rate OF fare and freight per mile for the passage and trans
portaion Of defendants read 10 that o,
Dunkirk than the defendants demand per mile OF for
papepgers and fresh, taken the part OF he
road which have come or are de 10 70 upon
Cant Qsllx fna acf.n
the 10Th OF June last they have been guilty Of the viola
lion Of the agreement in tho particular above mentioned,
tally Tor the Central Railroad. Tney aver that Il has
been done In consequence OF the Acts 81 lhe plaintiffs
reducing thor faro nom Dunkrk 10 New York
DAvr, IL SEQ nothing, ultra Ures In the part guitars
OF the argument 20 be quoted Tho engsgemento tbs
road Of defendants mparslay, and TO sho~ favor
grant no facilities TO the Genital line 70 the injury OF the
pslpuGs Ger siny Ultra ptres. The defendants by
this hsve but sgreed TO perform legal obligation and the
performance Of which the plan,n might nave enforced,
n agreement had been entered into between The
parties BY act Of the Legislature Of mis- State passed
In Nay lA7, claws " is47 chap 222 II 10 declared tna,
or he rterseced by to or more railroads, which are
competing tines FOR the busncss upon such railroad shall
fairly and impsray grant and afford 70 The prcprelors
OF each equal terms Of accommodation, privege,, fran
chsts and facte, In the transportation Of coal, passen
gers, baggage and freight and upon their railroad
ond over aud upon ouch concessions inersecDg rail
roads AMI sha also grant and srord 10 each OF sal
connecting roads equal facilities 10 The inter
oh.nge ard use Of passenger, ossgsge and freight,
ius passage tickets 10 passengers who may have come
~ah 10 70 either Of such oonncctnk
lrfrsccrg railroads The defeudsne' ro,d being inter
soJ,ed by the pspns and the Central line road, each
each mpetpg lines for the business " and from their
reads 10 entering into this agreement, but assumed obi
fsiicns which The law had already imposed. They then
required by the statute sbove quoted 10 The roai
fairy and partially between the two oompeusg llpos
facilities and privileges granted 70 competing road
were be dyed by the clner, ,d dscrmiaalio
be which should operate favoraby 10
prsudcisi the other Tbs agreement therefore, thus
70 aur, be regarded uyd The lay required
them thus 10 scs appears 81 their ssresment 10 obey rs
ipiunctious, this Court 10 bound 70 zee, and iha,
this mandate Of this law and the sipula,ons Of the
defendants In conformity herewith fulfilled.
Judge selden, in the OF Curtiss and others VI
Ieavu, Receiver OF the North American Trust and
loan tompsny, and Others, 10 his opaion, dell vered
BY him In the Court Of Appeals: "But s not ultra v,reI
FOR corporation 70 be honest or 70 do, promise 70 do
that which jus;ce demands"
The 2eth session OF the code authorizes Injunction 70
inue when shall appear from the complaint that the
plaintiff entitled 70 The relief demanded, and thai such
relief c,nstsu In restraining the commission oontinu
during The nuearor would produoe injury W the plaintiff
that the plaintns entitled 70 the relief demanded
which Observance and compliance the Part OF the
defendants 81 the terms Of their agreement aud that
the continuance Of their I'd med voanon OF during tse
ssior will produce not only injury, but great and
rjury to the plsiptis In this IL peculiarly
proper that the Injunction should be Continued only
requiring the defendants 10 do what required OF
by Law and What they have sslemny Agreed 10 do, and
the motion 4 solve 10 denied With $40 costa