Hearst v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Elver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of April, 1914, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
By the judgment appealed from the defendant is enjoined from carrying on certain operations incident to the transaction of its business as a railroad company and common carrier.
The plaintiff is thé owner and part occupant of a large apartment house situated on the easterly side of Eiverside drive at the comer of Eighty-sixth street. ' The defendant is a railway corporation operating a railroad which runs close to the Hudson river approximately parallel with Eiverside drive. That it is duly authorized to operate is not questioned, the plaintiff’s complaint being that in so operating…
2Cases cited6 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Ballentine v. WebbMichigan Supreme Court · 1890
- Friedman v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Friedman v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1905
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