Hoffman v. Manhattan Elevated Railway
New York Court of Common Pleas
Appeal from equity term. Action by Bichólas Hoffman against the Manhattan Elevated Railroad Company and the Metropolitan Elevated Railway Company to enjoin the maintenance and operation of defendants’ elevated railroad in the avenue fronting plaintiff’s premises. From a judgment for plaintiff, awarding an injunction and damages for past injury to the premises, defendants appeal. Reversed.
1Opinion of the CourtPryor, J.
The solitary ground upon which appellants rely for reversal of the judgment is that “the evidence is not sufficient to prove any damage to, the plaintiff’s property, or to entitle him to an injunction.” If this contention be correct, the judgment is untenable. When a plaintiff establishes a title to equitable relief, the court acquires jurisdiction to dispose of the entire-controversy, and to do complete justice between the parties. Lynch v. Railroad Co., 129 N. Y. 274, 29 N. E. Rep. 315. But when the action proceeds, exclusively upon a claim to equitable relief, and on the trial no ground…
2Cases cited14 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
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3Cited by2 opinions
- Nette v. New York Elevated RailroadNew York Court of Common Pleas · 1892
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893