Prime v. Twenty-Third Street Railroad
The Superior Court of New York City
William. C. Prime sued the defendants to enjoin them from throwing snow from their track, and leaving it in heaps on the side of the street in front of his honse. The facts appear in the opinion. The cause came before the court for trial upon the pleadings. Cited 22 Edw. IV. 8, pl. 24; 16 Mass. 35 ; Commonwealth v. Temple, 14 Gray, 69, 75; People v. Cunningham, 1 Den. 524; Spencer v. London & Birmingham Rw.
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William. C. Prime sued the defendants to enjoin them from throwing snow from their track, and leaving it in heaps on the side of the street in front of his honse. The facts appear in the opinion. The cause came before the court for trial upon the pleadings. Cited 22 Edw. IV. 8, pl. 24; 16 Mass. 35 ; Commonwealth v. Temple, 14 Gray, 69, 75; People v. Cunningham, 1 Den. 524; Spencer v. London & Birmingham Rw. Co., 8 Sim. 193; Sampson v. Smith, 8 Id. 272; Thorpe v. Brumfitt, L. R. 8 Chan. App. 650; Goldsmid v. Tunbridge Wells, &c. Com., 1 Id. 349; Lane v. Newdigate, 10 Ves. 192; Ball v. Ray, L.…
1Opinion of the CourtSedgwick, J.
The track of the defendants’ railway is in part upon Twenty-third street, from the North to the East river. The plaintiff is owner of the fee of a house and lot upon that street, and he resides there. He has no estate or interest in the soil of the street.
In the winter season of 1874-5, the defendant was in the habit (soon after the beginning of each snow storm) of sending over its track snow plows, as they are called. The effect was that the snow upon the track was pushed therefrom to the side, upon the street. A thin layer of snow would be left over the top of the track. A part of the snow…
2Cases cited13 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Milhau v. . SharpNew York Court of Appeals · 1863
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
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