Bly v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The Edison Electric Illuminating Company of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 4th day of May, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5tli day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The natiu-e of this action and the questions presented are stated in the opinion of this court (54 App. Div. 427) and in the Court of Appeals (172 N. Y. 1) upon a former appeal from a judgment in favor of the plaintiff. It seems that two actions were commence'd ; one in equity for an injunction to restrain the continuance of a nuisance, and the other at law to recover damages for the maintenance of the nuisance. The equity action, having been brought on for trial, resulted in a judgment awarding the plaintiff an injunction and §4,000 damages. From that judgment the defendant…
2Cases cited3 opinions
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1904
- Bly v. Edison Electric Illuminating Co. of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Cassel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915