Bradley v. . Degnon Contracting Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, ejitered July 12, 1917, affirming a final judgment in favor of plaintiffs entered upon the report of a referee, bringing up for review an interlocutory judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
The trial court rendered a judgment restraining the defendants from operating “ the industrial railroad now built and being operated by them in and upon 79th Street, Borough of Brooklyn, City of New York, upon, across, or in front of, the respective premises of the plaintiffs,” directing the defendants to forthwith remove from that street the rails, ties and tracks of the railroad, and awarding the plaintiffs respectively damages. The Appellate Division unanimously affirmed the judgment.
The cardinal facts as found are: In 1913 the defendant Degnon Contracting Company entered into a contract…
2Cases cited40 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
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3Cited by31 opinions
- Perlmutter v. GreeneNew York Court of Appeals · 1932
- Yale University v. City of New HavenSupreme Court of Connecticut · 1926
- Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
- Gilsey Buildings, Inc. v. Incorporated Village of Great Neck PlazaNew York Supreme Court · 1939
- Matter of Green v. MillerNew York Court of Appeals · 1928
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