21 N.Y.S. 146 | N.Y. Sup. Ct. | 1892
The defendant was incorporated by chapter 255 of the Laws of 1874. Section 3 of that chapter provides that “the said railroad company is hereby prohibited from using steam as a motive power on said railroad, or from transporting or conveying height thereon, and is hereby restricted to the business of taking and conveying persons or passengers over said railroad in street-railroad cars by the power or force of animals.” On the 26th of April, 1892, the relator and the railroad company entered into an agreement in writing, whereby the relator granted the defendant the right and privilege to use electricity as the motive power for the propulsion of its cars; but it is insisted that one of the conditions of the relator’s consent was that the defendant should remove the location of its tracks in the street of the relator to the middle of Main street, through which the route of the railroad track was constructed; and the relator charges in the complaint, and seeks to establish on the motion for an injunction, and in resisting the application of the defendant for its discharge, that the defendant is about adopting electricity as a motive power without so changing the location of its track, and that such change from animal power to that of electricity, without such change of the location of its route, will work irreparable injury to the relator.