Thomas v. Grand View Beach Railroad
New York Supreme Court
Appeal from special'term, Monroe county. Action by George W. Thomas against the Grand View Beach Railroad Company to restrain defendant from maintaining and operating its railroad on plaintiff’s land and for damages. From a judgment dismissing the complaint, plaintiff, appeals, and from so much of the judgment as determined that plaintiff is the owner of the premises described in the complaint, defendant appeals. Reversed.
1Opinion of the CourtBradley, J.
The facts as found by the court are that in April, 1891, the defendant went upon the plaintiff’s premises, and there constructed its electric railroad without the consent of the plaintiff; that in May following the defendant begun, and has since continued, the operation of the railroad, by running a motor car and one or two cars attached thereto; and that it will continue to do so unless compelled to desist therefrom. These findings of fact were warranted by the evidence. And as conclusions of law the court determined that the entry of the defendant upon the plaintiff’s land was unlawful;…
2Cases cited19 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- McHenry v. . JewettNew York Court of Appeals · 1882
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
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3Cited by1 opinion
- Inderlied v. WhaleyNew York Supreme Court · 1895