Van Veghten v. Hudson River Power Transmission Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Rensselaer County. Action by Jennie H. Van Veghten against the Hudson River Power 'Transmission Company. From a judgment in favor of plaintiff for less than the relief demanded, both parties appeal. Affirmed. The action is for damages for an alleged nuisance.
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Appeal from Trial Term, Rensselaer County. Action by Jennie H. Van Veghten against the Hudson River Power 'Transmission Company. From a judgment in favor of plaintiff for less than the relief demanded, both parties appeal. Affirmed. The action is for damages for an alleged nuisance. The plaintiff alleged that she is the owner of a farm situated on the east side of the Hudson river opposite the village of Mechanicville, a portion of which, lying next to the river, has been cut up into building lots, and that the defendant corporation has erected a dam across the river below said farm, causing…
1Opinion of the CourtChester, J.
While it is true that the complaint contained a prayer for such relief as might be just and equitable, and that the plaintiff’s counsel, in the discussion had before the court at the opening of the trial, claimed that this was an action for permanent injury to the land, yet at the end of that discussion he conceded that it was an action at law solely and only, and defendant’s counsel rested upon that concession, and consented to the impaneling of a jury, and the action proceeded and was tried as an action at law. The plaintiff, by this concession, waived his prayer for equitable relief, and…
2Cases cited1 opinion
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
3Cited by2 opinions
- Porges v. JacobsOregon Supreme Court · 1915
- P. Ballantine & Sons v. Public Service Corp.Supreme Court of New Jersey · 1914