Weill v. Metropolitan Railway Co.

The action is against the Elevated Railway Company. The complaint attempted to set forth a cause of action in equity, and the prayer for relief is “ that the defendants be enjoined and restrained from maintaining their structure in front of *171the plaintiff's premises,” and for $10,000 damages. As a bill in equity, it is defective in omitting to allege that the trespass was of a continuing nature, so as to show affirmatively that the remedy at law was inadequate. When the cause was called for trial at the equity term, the defendants’ counsel pointed out the omission on -a motion to dismiss,…