O'Reilly v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 23, 1894, which affirmed a judgment in favor of defendants dismissing the complaint entered upon the report of a referee. .The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 23, 1894, which affirmed a judgment in favor of defendants dismissing the complaint entered upon the report of a referee. .The nature of the action and the facts, so far as material, are stated in the opinion. Proof by the plaintiffs of an absolute money loss by reason of the acts of the defendants in cases of this character is not necessary in order to secure injunctive relief. (Campbell v. Seaman, 63 N. Y. 568; R. L. Co. v. S. & P. P. Co., 135 N. Y. 209; Comer…
1Opinion of the CourtGray, J.
This is one of the many actions which have been brought against the elevated railway companies in Hew York •city, in which the complainants seek the equitable interference •of the court, to restrain the defendants from operating their railway in front of their premises. The demand for this equitable relief, in the present case, relates to property upon Hinth avenue and proceeds upon allegations of interference by the defendants with the plaintiffs’ enjoyment of the easements of light, air and access appurtenant to their abutting property. The complaint charges that by reason of the unlawful…
2Cases cited6 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Hunter v. Manhattan Railway Co.New York Court of Appeals · 1894
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McCann v. . Chasm Power Co.New York Court of Appeals · 1914
- Wormser v. . BrownNew York Court of Appeals · 1896
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Cox v. City of New YorkNew York Court of Appeals · 1934
14 more not listed; retrieve them via the Exa API.