The New York herald., 1862-10-29
TH'E SEVENTH AVENUE RAILROAD.
Motto n Ecs Perpetual InjuncsIon Deni led
'fcasNorary Injunction Dissolved.
.SIlPRENR CnIRr--cpR Al rEpsi
,Befos, Hon. Judge Ineyabsm.

Before Hon. Judge Inesabsm.
Orv &-Ihe Aosor, Sc. Of Neo York Jeha Kerr
y eeyot OUeys.-Tbe painn claiming thu
s'Gots ia the city OF New York, an Injunction re
sfranins the defendants from ayingras through Broadway
and other streets under the authority granted by
rhe Legislature passed in 1860 (Sess. Laws ch 5l3) 81
sar inquiry might arise of the Join
ss9 lots and tir right interfere consider the question
70 be settled In favor Of defendants by decisions
thisoort well as OF the Court sf peas only
ns;eral questions the are whe
ther the CORPORATION of this city the
The streets IN such sense ae TO preSsnt the Legis
;sture from allowing railroad be construct.
Cd thereon without their esnsent. and secondly,
~bether the construction Of horse rysilroad in the
viii Owner Of the sod 10 Ina. ihe
s % % New Yons own me fee Of dhs street, Mas not denied
ps ssa se NAP q ss ely as made in ISL and
mat time Lad not seen taken for appropriated publc
use as m or roads because " ai the an
ns. As to other streets in existence PRIOR thereto,
isis 4as, e'ss Sssesed spS to he
England Ia ana ha % Se Sed pe"p
this State had IN any lands for q, the Of
m thus TO The i % o s by s BY
vested in them The exclusion owned
Soanssa ar hs "a. % & had S.a sn s % !" Ms for
street was in ae owner ol abe land a Cowan
streets and others wheh might be referred u
sppeS e The Stand where he % e d as as
dedication Of the land pu ,rse, withoat
Snasr he statute I have nev'v be- andersiand
&C, Of Isl or those whc own :. s p sbas d Sedi .he
ssssa %sy,hs S s vs enSe no, ii. n "a % ha; ss t,i.
streets are appiied 10 4 use litsrea ma 70 which they
his district aud the laIis isions Of the Ceut II
q Appeais hoaeyerh held to H. onary, and, while
controlled BY them. II il be conceded that ''lS Se
b inierlersd WIN iasen sy ssisis.fs, &
nheHi hea SS e IN s, fos
The eerui que trusts the people The are TO be
Ssse PaS Of ssf s anS 50 ons s@ as
tra. FOR The people Of Se cy sacsry eGp g TINS
whole state and The question whether Que
publc than that contem plated al The lime
Object That lie mode q are row diresen nG from 1sGi ha 10
sna Sna no Tas IN s S Sns no rights asssd
a o 81 sss S r Ga the gs aaop deeni
csme he trustees sas6 power To direct be nss aS. DE
which ne snail DC sIormed direction ioes does
peseiy recognized that The owners Of
Ss hr so aae srse Keep iRs ss
lam ,s t & r Sc % Ssa ss z s
Pee % which al. r ns R a may
provided such direction does exclude any lion The use
sns net 40 o % s right q
right be defined and regulated except by the
and In are he ae ses Of Se pssps sS1,Gn
ss . y e 2. regard g hs s "; o. The streets mus. held
.se: Of Gse e eSsr S 81 q, ,e s S a .0sr, s on h
,ndged by the General Term o, The rseond district
COMPANY ss IN SrSVsgp tr Sy
osa CO. psny Coney Island Railroad co@nn: IS Barb.
,"@ier IN. privilege d basins rs A.,
aug horse raiosd in ol the city OF BEoos,a-
sg ree. ss Ise sapyg sss owners over ihe
mee q essIess ol oeaase M sc use Of the .ee sSey
o. The property the owSers OF ~ snd n9 an
'p stlon M ia damages. Such fsssrr. t,a SUI, n, re-
e''e' or conferred WITHOUT he tSn,.n p.,. !
!. s., .-- sees S' = 14ss' ky
&c esy AUTHORITIES. the ;. s,5 o,5.r, IN tine rn-.
sh ea; q Tsc pcp~ nawel 10 exempt grantees
om lie payment OF any damages or :, legislative
anee'.e CTapes clearly y'nin OosSe,ssS sSe % viii c
> IN his concIusions, su, has not s's,sa e. ., 1ae
round. on which that a Sews eSpresed as % b
over Of the Tegaiuye tnat yadsme ~ -eu1 not have
cen alsssn 10 "s he Wsoe Car q hsse eoss
hich Il been held tnsi the cy suihor.s or the own
od the fee ., the street entitled compensation
smages the privilege slan,ed e railroad COMPANY 70
ss sSdsr na he c sS he e
an thss point as expressed by h his dissenting OPT
lon i am however. constrained, Notwithstanding
n., entertain a sha % y the General Terms s
he firsi aud second districts which have expressed coz
4 6e so nave no claim for damages for the privileges
10 railroad public street. then concur IN The
,eserioe he mode II Which their right the Of
be exercised BY acts o. ihe Lsehs.re Inc
me right Of the cy the late cosrse 81 dscsons in ne
tending sustain such acts OF the ana 20
by charters acmonsh me OF the proprety Of Yielding
= those de,,.ns may es An a. o cg ,ne me
ooinon that the plsintss for an tsJuneuon
should be denied and the temporary sujuoecn eissoed
SHIPPING NEWS.