Brush v. Manhattan Railway Co.
New York Court of Common Pleas
Action by Sarah B. Brush and another against the Manhattan Railway Company and the Metropolitan Elevated Bailwny Company.
1Opinion of the CourtPryor, J.
The action is in equity, to enjoin the maintenance and operation-of defendants’ railway along the street in front of plaintiffs’premises, and incidentally to recover past damages caused by such maintenance and operation. Shepard v. Railway Co., 117 N. Y. 442, 448, 23 N. E. Rep. 30; Henderson v. Railroad Co., 78 N. Y. 423, 430. At the close of plaintiffs’ case, and again on the conclusion of all the evidence, defendants moved to dismiss the complaint as a suit in equity for injunctive relief. The motion was denied, and defendants excepted; but the question presented by the motion recurs now…
2Cases cited19 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
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3Cited by6 opinions
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
- Mattlage v. New York El. R.New York Court of Common Pleas · 1895
- Rich v. New York Elevated RailroadNew York Court of Common Pleas · 1891
- Rich v. New York Elevated RailroadNew York Court of Common Pleas · 1890
- Smith v. Ingersoll-Sergeant Rock Drill Co.New York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.