Mahady v. . Bushwick Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 14, 1881, which affirmed a judment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial. This action was brought to restrain defendant from the use of a siding or turnout for its cars on Bergen street in the city of Brooklyn and for damages.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 14, 1881, which affirmed a judment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and affirmed an order denying a motion for a new trial. This action was brought to restrain defendant from the use of a siding or turnout for its cars on Bergen street in the city of Brooklyn and for damages. Defendant claimed a right to the use of the street for track and sidings as lessee of the South Brooklyn Railroad Co., which company the court found was authorized…
1Opinion of the Court
Andrews, Oh. J.
It is difficult to ascertain from the appeal book, on what precise ground the judgment in this case proceeded. The complaint alleges that the siding constructed by the defendant on Bergen street, was constructed without lawful right or authority, and alleges the circumstances of special damage sustained by the "occupation of the siding for the defendant’s cars, the cutting off of access to the plaintiff’s lots, and the annoyance from the noise of defendant’s servants in soliciting passengers, etc., and concludes by demanding judgment for damages, and for an injunction…
2Cases cited2 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
3Cited by23 opinions
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
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