Palmer v. East River Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The East River Gas Company of Long Island City and ahother, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 6th day of October, 1905, upon the decision of the court, rendered after a trial at the Queens County Special Term, and also from an intermediate order, entered in said clerk’s office on the 6th day of October, 1905, denying the defendants’ motion to reopen the case for the purpose of…
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Appeal by the defendants, The East River Gas Company of Long Island City and ahother, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 6th day of October, 1905, upon the decision of the court, rendered after a trial at the Queens County Special Term, and also from an intermediate order, entered in said clerk’s office on the 6th day of October, 1905, denying the defendants’ motion to reopen the case for the purpose of offering additional evidence. Also an-appeal by the plaintiff, Augusta M. Palmer, from so much of said judgment as…
1Opinion of the Court
Hooker, J.:
The defendant gas company, through the agency of the defendant T- A. Gillespie Company, which did the actual construction, was in the act of laying sixty-inch gas mains in that part of Hancock *679and Sanford streets in what was formerly Long Island City, now a part of the city of Mew York, immediately in front of premises owned by the plain tiff, when this action was commenced to restrain the defendants from further operations and to compel them to restore the streets or ways to their former condition.
The plaintiff owned to the center of these two so-called streets, and claimed to be…
2Cases cited1 opinion
- People v. . UnderhillNew York Court of Appeals · 1895
3Cited by3 opinions
- Hislop v. County of LincolnOregon Supreme Court · 1968
- In re Bragaw StreetNew York Supreme Court · 1913
- In re MartinNew York Supreme Court · 1931