Clarke v. . Blackmar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming judg ment entered upon the report of a referee dismissing plaintiff’s complaint. This is an equitable action, brought to compel defendants, to remove a railway track from River street, in the city of Buffalo, and to restrain them from running railway cars thereon. The facts presenting the questions decided sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming judg ment entered upon the report of a referee dismissing plaintiff’s complaint. This is an equitable action, brought to compel defendants, to remove a railway track from River street, in the city of Buffalo, and to restrain them from running railway cars thereon. The facts presenting the questions decided sufficiently appear in the opinion. There is no form or mode by which the easement the public have in our highways can be legally enjoyed by a railroad. (Williams v. N. Y. Cen. R. R.…
1Opinion of the CourtGrover, J.
The plaintiff is not the owner of any land lying within 140 feet, or thereabouts, from the railroad crossing, Biver street; but he is the owner of land situate upon that street which the referee finds, in substance, is somewhat impaired in its rental and other value, by being made somewhat more difficult of access by trains running across the street, although the track when cars are not running or standing thereon, is not materially injurious. This is such an interest as authorises the plaintiff to maintain an action for the purpose of restraining the defendants from running the cars across…
2Cases cited3 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Milhau v. . SharpNew York Court of Appeals · 1863
- Corning v. LowerreNew York Court of Chancery · 1822
3Cited by13 opinions
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888
- Ryan v. Terminal Co.Tennessee Supreme Court · 1899
- Stockdale v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Board of Health v. Van HoesenMichigan Supreme Court · 1891
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