McClean v. Westchester Electric Railway Co.

The defendant, the railway company, is a corporation organized under the Railroad Law, and proposes to maintain and operate a double-track street railroad along Pelhamdale avenue, using for that purpose electric power and the overhead trolley system. The plaintiff is the owner of a lot of land fronting on and bounded by that avenue, and, alleging that the railroad company has no legal right upon the avenue, he asks the court to enjoin the company from operating or maintaining its railroad thereon. The question thus first presented is: has the plaintiff standing in a court of equity sufficient…