Vail v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtAndrews, J.
The complaint alleged an unlawful entry by the defendant on the lands of the plaintiff for the purpose of constructing a side track of .the defendant’s road thereon, to be used in connection with its depot at Riverhead, and for depositing cars, engines and freight, and loading .and unloading cars. With a view to equitable relief by injunction it was averred that the acts of the defendant would occasion great injury, annoyance and nuisance to the plaintiff, his family, business and dwelling-house, the latter being only one hundred and eleven feet from the main track of the defendant’s road.…
2Cases cited2 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Mahady v. . Bushwick Railroad Co.New York Court of Appeals · 1883
3Cited by38 opinions
- Danforth v. City of OshkoshWisconsin Supreme Court · 1903
- Deering v. . ReillyNew York Court of Appeals · 1901
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
- Des Moines City Railway Co. v. City of Des MoinesSupreme Court of Iowa · 1916
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