Legal Opinion

Westphal v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by August Westplial and others, the plaintiffs in the three above-entitled actions, from judgments of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of July, 1901, and on the 25th day of October, 1901, upon decisions of the court rendered after a trial at the Kings County Special Term. The three cases were tried together.

1Opinion of the Court

Woodward, J.:. These actions, involving the same general questions, were tried together, resulting in judgments in favor of the plaintiffs, at Special Term. The plaintiffs, who asked for the equitable interposition of the court to prevent a continuing trespass upon the part of the defendant, under the rule established in the cases of Smith v. City of Brooklyn (160 N. Y. 357) and Forbell v. City of New York (164 id. 522), are not satisfiéd with the amount of the recovery, and *254appeal from the judgments entered in their favor. The evidence received in this case was, tó a considerable extent,…

2Cases cited3 opinions

  1. Sentenis v. . LadewNew York Court of Appeals · 1893
  2. Smith v. . City of BrooklynNew York Court of Appeals · 1899
  3. Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. Jarvis v. State Land DepartmentArizona Supreme Court · 1970
  2. In Re Methyl Tertiary Butyl Ether (" Mtbe") ProductsDistrict Court, S.D. New York · 2009
  3. City of New York v. Exxon Mobil Corp.District Court, S.D. New York · 2009
  4. In re the County of NassauNew York Supreme Court · 1966

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