Legal Opinion

People v. Baltimore & Ohio R. R. Co.

New York Court of Appeals

Decided November 26, 1889PublishedCited by 15 opinions

Appeal from judgment of the supreme court, general term, first department, affirming judgment of special term enjoining and restraining defendant from the use of and requiring it to remove sheds and structures erected by it upon pier 23, East river, in the city of New York.

1Opinion of the CourtGray, J.

The judgment of the court below directs the defendant in this action to remove a shed or structure, which it had erected upon a pier in the East river in the city of New York ; and further restrains the defendant from continuing to use the shed, or from placing upon that pier any structure which would be calculated to interfere with the free use of it by the public.

The defendant is a foreign railroad corporation, having a terminus at the port of New York, and through its own and connecting lines of railroad, as we are informed by the record, carries on the business of transporting freight and…

2Cases cited3 opinions

  1. Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
  2. Kingsland v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
  3. People v. MalloryNew York Supreme Court · 1873

3Cited by15 opinions

  1. Wormser v. . BrownNew York Court of Appeals · 1896
  2. People ex rel. Swan v. DoxseeAppellate Division of the Supreme Court of the State of New York · 1910
  3. American Dock Co. v. City of New YorkNew York Supreme Court · 1940
  4. Merritt-Chapman & Scott Corporation v. Public Utility District No. 2 of Grant County, WashingtonCourt of Appeals for the Second Circuit · 1963
  5. Matter of City of New York (Pier Old No. 49)New York Court of Appeals · 1919

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