Kennedy v. Mineola, Hempstead & Freeport Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, H. Van Rensselaer Kennedy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Nassau on the 24th day of April, 1902, upon the decision of the court, rendered after a trial at the Nassau Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff’s action is to enjoin the defendant, a street surface railroad corporation, from constructing and maintaining a railroad in front of his property on the east side of Freeport road in the town of Hempstead, Nassau county, and from interfering with him *486in removing the road constructed by the defendant; to recover damages occasioned to the plaintiff by the construction of the railroad, and also to have the construction of the railroad declared illegal and its maintenance a nuisance inflicting special injury and damage upon him.
The plaintiff is the owner of a tract…
2Cases cited10 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Banks v. OgdenSupreme Court of the United States · 1865
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Higinbotham v. . StoddardNew York Court of Appeals · 1878
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3Cited by4 opinions
- In re MarshNew York Supreme Court · 1934
- Floral Park Mutual Fuel Co. v. FiskeNew York Supreme Court · 1926
- Michael Shanley Co. v. BeeryAppellate Division of the Supreme Court of the State of New York · 1934
- Pfohl v. International Railway Co.New York Supreme Court · 1912