Colonial City Traction Co. v. Ulster and Del

Full title: The Colonial City Traction Company, Appellant, v. The Ulster and Delaware…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1897

20 App. Div. 635 (N.Y. App. Div. 1897)

Opinion

September Term, 1897.

Order affirmed, with ten dollars costs and disbursements. —

PER CURIAM:

Upon the case as presented, the plaintiff was not entitled as matter of right to a temporary injunction. It was at most within the discretion of the court, and no sufficient ground is apparent for us to interfere with the discretion of the Special Term, or exercise our discretion, if in our power to do so, in favor of the plaintiff. We do not consider the other propositions discussed by the court below, or pass upon the questions involved in the merits of the case. Thyecan be better disposed of at the trial. We therefore, affirm the order. All concurred.