Pfohl v. International Railway Co.
New York Supreme Court
Motion by defendant to vacate temporary injunction restraining defendant from operating a street railway in front of plaintiffs’ premises on Burnett road.
1Opinion of the CourtBrown, J.
The plaintiffs are the owners of lots 67 and 68 on the south side of Burnett road, the north bounds of the lots being the south line of the highway. The plaintiffs do not own to the center of the highway, they are owners of lots abutting on the highway. The plaintiffs claim that as such owners they have an easement and vested rights in the highway and that the operation of the street surface-railway by the trolley system will irreparably injure this easement and vested right, for which they have no adequate remedy at law, and that they are entitled to restrain such operation of the street…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Falker v. New YorkNew York Supreme Court · 1884
- Kennedy v. Mineola, Hempstead & Freeport Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902