Olivella v. New York & Harlem Railroad
New York Supreme Court
Action in equity by an abutting owner to restrain a railroad’s continuous trespasses upon easements, and for damages. A demurrer was interposed to the answer.
1Opinion of the CourtGildebsleeve, J.
The plaintiff demurs to the fourth separate defense of the answer, which is as follows, viz.: “For a further fourth and separate defense, the defendants allege, upon information and belief, that for the pretended injuries or causes of action, alleged in the complaint, the plaintiff has a complete and adequate remedy at law, and that the plaintiff has no right to invoke the equitable interference of this court.” Thé plaintiff demurs to this defense “ on the ground that it is insufficient in law upon the face thereof.” The demurrer is based on section 494 of the Code of Civil Procedure,which is…
2Cases cited4 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Golden v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1897
- Hammond v. EarleNew York Supreme Court · 1880
3Cited by4 opinions
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Holland v. GroteNew York Supreme Court · 1907
- Goldberg v. KirschsteinNew York Supreme Court · 1901
- Olivella v. New York & H. RailroadAppellate Division of the Supreme Court of the State of New York · 1900