Rich v. New York Elevated Railroad
New York Court of Common Pleas
Action by Alexander Rich against the Yew York Elevated Railroad Company and others to restrain defendants from the operation of their road in the street in front of plaintiff’s premises, and to recover past damages.
1Opinion of the CourtBookstaver, J.
This is an action in equity to enjoin the maintenance and operation of defendants’ railway above the street in front of plaintiff’s premises known as Nos. 139, 181, 183, 185, 187 Park row, and Yos. 20 and 23 Chatham square, otherwise designated as 233 and 235 Park row. The theory on which actions like this are maintained in courts of equity is that the continued operation of defendants’ road would work a substantial injury to the plaintiff and his property, and that an injunction is necessary to prevent such injury. The primary object of the action is to obtain this relief by injunction, and…
2Cases cited5 opinions
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Davis v. . MorrisNew York Court of Appeals · 1867
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Gray v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1891