New York Court of Chancery, 1844

Hodgkinson v. Long Island Rail Road

Hodgkinson v. Long Island Rail Road
New York Court of Chancery · Decided May 20, 1844
4 Edw. Ch. 411; 1844 N.Y. LEXIS 518; 1844 N.Y. Misc. LEXIS 10

Counsel

Mr. A. Mann, Jr., and Mr. William Silliman, in support of the motion., Mr. Clarice, contra.

Hodgkinson v. Long Island Rail Road

Opinion of the Court

The Vice-Chancellor :

Held, that the court of chancery had not jurisdiction to restrain the construction of this great work or the use of it, when completed. That it was a matter of municipal regulation and the corporation of Brooklyn having granted to the defendants the privilege of constructing the tunnel for the purposes of their road, this court would not inquire whether the municipal authorities *412of Brooklyn, in making such a grant,, had exceeded their powers or not. It was a matter triable at law and the parties aggrieved must be left to their legal remedy.

Motion denied, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.