Opinion
06-02-1903
CURRIE et al. v. NEW YORK TRANSIT CO. et al.
Charles C. Black, for complainants. Charles L. Corbin, for defendant New York Transit Co. Charles W. Fuller, for defendant Standard Oil Co. Charles D. Thompson, for defendant National Docks Co.
Suit by Mungo J. Currie and others against the New York Transit Company and others. Case heard on bill, answers, and depositions. Bill dismissed.
Charles C. Black, for complainants.
Charles L. Corbin, for defendant New York Transit Co. Charles W. Fuller, for defendant Standard Oil Co. Charles D. Thompson, for defendant National Docks Co.
STEVENSON, V. C. The above-stated cause is submitted for decision on final hearing without argument. The case was before me some months ago on a motion for a preliminary injunction, which I denied for reasons stated orally. While I expressed views adverse to the claim of the complainants to an injunction at any stage of the cause, the only matter actually decided was that the complainants were not entitled to a preliminary injunction. Inasmuch as the final decree will in any event be taken to the Court of Errors and Appeals for review, it is suggested that the oral opinion on the motion for a preliminary injunction may well be deemed the opinion of this court on the final hearing. Counsel for the respective parties state that the pleadings and proofs present precisely the same case for a final injunction as that which was presented by the bill and affidavits for a preliminary injunction. Under these circumstances I shall advise a decree denying the injunction prayed for and dismissing the bill of complaint, for the reasons indicated in my oral opinion on the motion for a preliminary injunction, without any reconsideration of the views therein expressed.