Hearst v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1914, upon an order reversing a judgment in favor' of plaintiff entered upon a decision of the court on trial at Special Term, and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1914, upon an order reversing a judgment in favor' of plaintiff entered upon a decision of the court on trial at Special Term, and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The railroad’s charter did not authorize it to construct and maintain classification, storage and terminal yards wherever it saw fit in the city, without reference to the rights of others. In selecting the place for its…
1Opinion of the CourtHiscock, J.
This action was brought by appellant to enjoin certain uses by respondent of its railroad tracks west of Eiverside Drive and between Seventy ^second and Ninety-sixth streets in the city of New York. The trial court found that various acts performed by respondent in the maintenance and operation of its said tracks were unauthorized, unlawful and constituted nuisances with resulting special injuries to the appellant and rendered judgment enjoining the same.
The Appellate Division reversed this judgment but did not state that such reversal was on the facts and it did not make any new finding of…
2Cases cited3 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
3Cited by7 opinions
- Cannon v. . FargoNew York Court of Appeals · 1918
- People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1940
- Matthews v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1918
- Ball v. New York Central RailroadNew York Court of Appeals · 1920
- Ball v. . N.Y.C.R.R. Co.New York Court of Appeals · 1920
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