New-York daily tribune., 1858-09-07
UNITED STATES CIRCUIT COURT-Beiore CbiefJustice
NELSON.
OPINION IN TIE CASE or THE SEw.HAyES RAILROAD


UNITED STATES CIRCUIT cOURT-Beiore ChiefJustice
NELSON
orIsloX IN THE CASE or THE SEw.HAyES RAILROAD
COMPANY.
The NeyYork and New.Iiayen Rarood Company ag, The
York. The Board of Commissioners Of the Metropolitan
Police, So. Motion for preliminary injunction.
NELsON, {. J.-Ihis - motion Tor an injunction
behalf of the compsinants sssnst the defendants bin
filed restrain them from interfering w'h the running Of their
"a "a; d - "a ~ ~, -,i @ SI Is,i ,bn, M i
motive BE- allowed the track. Of the
Harlem New Haven Railroad Conn the Fourth avenue,
south Of Foysecoud street eighteen months after the passing
The orduace The Board Of Police Coun threaten
carry into effect this ordinance The Harlem aud New
Haven Railroad Connsnes track in entering
city The Con psny having been authorized the Har.
lem road BY Of the Legislature o this state.
au by Grst Of the empowered
their road from any point the north bounds Of rweny ytrd
street 70 point The Harlem River been the east bounds
u tie Third and the west bounds Of the Eighth
H. e % IA f. s As S and G @ p9P S anS 81 psIg PGS up 81
any al or otLer poei or u any o''on o them
By the lsth section 1t . provided mat noths IA ms art ,aa
BE- deemed 20 authorize hs said Corporation 10 constt their
on the map Of The CIV Of Ne.Yors &C. without the consent
the Mayor. Aldermen and tornnonaty OF said city who
End after The shall be colruc: (were luAorled %
regulate the time aud using the aud te speed
which csusg. sLsi be- permitted the same Sc.
The Common Council n pursuance Of the above a.. passed
ordinance giving their conut 70 the contraction of
.rset to Harlem River with certain conditions
se m proreus carriages on aud aong sad railways snd III.
seed The 9Th SECTION provided that the ordinance should
DOT b. considered binding until the Harlem Company should
under ther corporate b abide b. TIE conditions
aned therein. This engagement entered into accorfnsy
the 18th January. lsj1
By se of the LEGISLATURE Of NwYork, passed March p
l the New Haven Rsosd Company authorized - en-
upon and e and engines for passengers Se over
Harlem Road from the point Of melton O the roads of aid
Companies at WzmsbnJge. IN W-tchestcr o. tn City o!
and a. sr into The said city e. the sara is s
Railroad aay extend upon such terms and - 'ucn @ a. ma
been o may hereafter BE- asEeed upon BY and between su
coHpanl.s' aud to take transport and convey pr,
sons and prop - pon said Harlem Railroad BY le Py" sla
force Of % or animals OF any mechanical power OF eoIAA
The above brrf statement Of the presen'ed By the
psp~r. submitted viii be- found sufficient TO pfr'en' me ony
an injunction.
tie power ps,s ordnance oi the l7th Of eeoe
1885, prohibiting he running Of locomotives on ne ffn as
ihe Harlem Company and ~ sh r.-pe'' those oeonzns
20 ne New Haven Company !, ,.. .i. l,
the charter o the Harlem Company Of the %'n Api I'll
already fef. 70 he Cornon Couic after giving thef
IN, 10 be cous.ruc-ion ~ the road along Fourth
Twen third yessd p9~e. 20 pEoHibi Ee Use oi
i, a. by aid chartr namely The carrying property
aud veron by fore. Of stem &C. and that the Harlem Com.
au deprived CT this neither can ths Ne" ia
nter the eighth section of The March 81 lsi9 d fur
Their conc.dnE the power Of pTohoon 70 exi ID me
Common Council respec;s the Harlem Company me com
pl.nsnrs insist ihs, i respects their Company
come within the meaning Of the eighth c,on above e
icred To-
o. respects the Harlem coupsny. the dEst remark we
have 10 mske that this Company expressly eosnaned a.n.
u corporate sss Il the time the Common Council
the construction Of h.E road ihst the after should retain W. w..
right Of regulating iae cTiPtoa Of power 70 of USE, 70
propulsion Of within the 7uit- ~ the city IN
ihi, 4 = .sa that III ecpdea Tia, I'd 90 boxed into
the Tro isions u that with attention sDa
rs ~ tie either expressly OF by iIPheatS.h - as
she proptty aud ftnSs Of king condition. o. g " . ~
co.,Tui should D. srEeisea se r'nnne 2. ~ ,r
! r-a,hortl.- Ar TOO ob,o.. 20 require srsuui-n'
: The ecss.st csa,-uea q. the Csw2ssS w