Talbot v. New York & Harlem Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 6, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 6, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The wall and bridge being located where they are without legal authority, constitute a nuisance, which the plaintiff, who is specially injured thereby, is entitled to have removed. (L. 1872, ch. 702; Penal Code, § 385; Davis v. Mayor,…
1Opinion of the CourtBartlett, J.
This action is brought to enjoin the defendant corporations from maintaining or using the bridge over Fourth avenue on which Forty-eighth street crosses as a public highway and a certain protection wall adjacent to plaintiff’s house in the same street; also to compel the removal of the bridge and wall.
In 1869 the plaintiff purchased a lot 250 feet west from Fourth avenue, on the north side of Forty-eighth street, and erected thereon a brown stone front house. Shortly after the erection of this house the Bew York and Harlem Bailroad Company acquired title to all the land on the north side of…
2Cases cited7 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
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3Cited by13 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- Powell v. McKelveyIdaho Supreme Court · 1935
- Crane v. City of HarrisonIdaho Supreme Court · 1925
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
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