Miller v. Edison Electric Illuminating Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiffs, by the institution of this action, have sought to restrain the defendant from continuing a nuisance, created through the maintenance and operation of a plant for the supply of electric light and power, whereby their property in neighboring dwelling houses has been injuriously affected. They, further, demanded judgment for damages already…
1Opinion of the Court
Cullen, Ch. J.
I adopt Judge Gray’s, statement of facts and I agree with him in the position that this action was properly brought in equity; that it was triable by the court, and that the defendant was not entitled to a jury trial as of right. I am unable, however, to concur in the view that the plaintiffs were properly awarded damages for diminution in the rental value of the property. The plaintiffs were in possession of the premises during no part of the period for which damages have been recovered, but the same were in the occupation of their tenants under a lease for a term of years. One…
2Cases cited3 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Bly v. Edison Electric Illuminating Co. of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by20 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Hadden v. City of GatlinburgTennessee Supreme Court · 1988
- United States v. International Union, United Mine Workers of AmericaCourt of Appeals for the D.C. Circuit · 1951
- Enterprise Manufacturing Co. v. Oppenheim, Oberndorf & Co.Court of Appeals of Maryland · 1911
- Sadlier v. . City of New YorkNew York Court of Appeals · 1906
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