Shaw v. Rochester, Syracuse & Eastern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the" defendant, the Rochester, Syracuse and Eastern Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 9th day of September, 190.8, upon the decision of the . court, rendered after a trial at the Monroe Special Term.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was brought to restrain defendant from operating its trolley road, along John street, in the village of Fairport, Monroe county, in front of plaintiff’s property, and maintaining the grade, poles, wires, and permanent obstructions on his premises, and to compel defendant to remove said obstructions and to restore the grade, and to recover $2,000, accrued damages and costs, and for other just and equitable relief. This relief was sought for upon the claims that plaintiff…
2Cases cited1 opinion
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
3Cited by5 opinions
- Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Dailey v. Northern New York Utilities, Inc.New York Supreme Court · 1927
- Caudwell v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1936
- Ascher v. South Shore Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Miranda v. Buffalo General Electric Co.New York Supreme Court · 1931