Ball v. . N.Y.C.R.R. Co.

The action is for an injunctive judgment restraining the defendant from so operating its railroads as to cause a nuisance to the residence of the plaintiff in the village of Chatham, New York, and to recover damages for the injuries to it by reason of the past operation of the railroads. The Special Term granted the judgment and the Appellate Division affirmed it with a modification. The decision of the Appellate Division was not unanimous.

The cardinal facts are uncontested and are: At the commencement of the action the defendant was operating three lines of railroad entering, upon rights of…