Rich v. New York Elevated Railroad
New York Court of Common Pleas
Trial of an action at the Equity Term. The action was brought to restrain defendants from maintaining and operating their elevated railroad in the street in front of certain lots owned by plaintiff, and for damages caused thereby.
1Opinion of the CourtBookstaver, J.
This is an action in equity to enjoin the maintenance and operation of defendants’ railway above the street in front of plaintiff’s premises known as Nos. 189, 181, 183,185,187 Park Row, and Nos. 20 and 23 Chatham Square, otherwise designated as 233 and 235 Park Row.
The theory on which actions like this are maintained in courts of equity is that the continued operation of defendants’ road would work a substantial injury to the plaintiff and his property, and that an injunction is necessary to prevent such injury. The primary object of the action is to obtain this relief by injunction, and not…
2Cases cited3 opinions
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Davis v. . MorrisNew York Court of Appeals · 1867
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1890