Bennett v. . Long Island Railroad Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1904, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1904, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The defendant operates a steam surface railroad, partly in the borough of Brooklyn, city of New York, and the plaintiff is the owner of a lot located on the south side of Atlantic avenue in that borough, on which she has built a two-story frame house, the lower part of which is occupied as a store. She commenced this…
1Opinion of the CourtWerner, J.
Upon facts which are undisputed the trial court decided that the structure complained of, and the operation of trains thereon, constitute a nuisance as to the plaintiff. The order of the Appellate Division reversing the judgment of the trial court is silent as to the grounds upon which it was made, and we must, therefore, treat it as resting wholly upon questions of law. (Code Civ. Pro. § 1338.)
In its final analysis the controversy resolves itself into the single question whether, assuming all the facts as found, the defendant has the legal right to maintain the structure complained of, and…
2Cases cited7 opinions
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Gallagher v. KeatingAppellate Division of the Supreme Court of the State of New York · 1899
- Beekman v. Brooklyn & B. B. R.New York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gazza v. New York State Department of Environmental ConservationNew York Court of Appeals · 1997
- Smith v. St. Paul, Minneapolis & Manitoba Railway Co.Washington Supreme Court · 1905
- Dennison v. State of New YorkNew York Court of Appeals · 1968
- Twenty-Second Corp. of Church of Jesus Christ of Latter-Day Saints v. Oregon Short Line RailroadUtah Supreme Court · 1909
- N.Y.C.R.R. Co. v. . MaloneyNew York Court of Appeals · 1922
22 more not listed; retrieve them via the Exa API.