Garvey v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second' judicial department, entered December 23, 1896,.affirming a judgment entered upon the decision of the court after a trial at Special Term.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second' judicial department, entered December 23, 1896,.affirming a judgment entered upon the decision of the court after a trial at Special Term. This action was brought to recover the damages alleged to have been sustained by the plaintiff, as the owner of a dwelling house known as Bo. 28 Hanson place, in the city of Brooklyn, on account of a continuous nuisance committed by the defendant, a railroad corporation, upon its own premises directly at the rear of the plaintiff’s, and to restrain the further commission…
1Opinion of the CourtVann, J.
From the evidence appearing in the record, especially when it is amplified by the view of the premises taken by the trial judge at the request of both parties, and from the nature of the findings, which have the effeet of a general verdict for the plaintiff, we are compelled to assume, after affirmance by the Appellate Division, the existence of a nuisance upon the defendant’s premises that seriously injures the premises of the plaintiff. (Amherst College v. Ritch, 151 N. Y. 282, 320.)
It is claimed that the judgment below cannot be sustained because no property right of the plaintiff was…
2Cases cited11 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
34 more not listed; retrieve them via the Exa API.