Weill v. Metropolitan Ry. Co.
The Superior Court of the City of New York and Buffalo
Action by Matilda Weill against the Metropolitan Railway Company and another- to restrain the operation of defendants’ railroad in the street in front of plaintiff’s premises, and for damages. Plaintiff moves for leave to amend the complaint. Granted.
1Opinion of the CourtMcADAM, J.
The action is against the Elevated Bailway Company. The complaint attempted to set forth a cause of action in equity, and the prayer for relief is “that the defendants be enjoined and restrained from maintaining their structure in front of the plaintiff’s premises,” and for $10,000 damages. As a bill in equity, it is defective in omitting to allege that the trespass was of a continuing nature, so as to show affirmatively that the remedy at law was inadequate. When the cause was called for trial at the equity term, the defendants’ counsel pointed out the omission on a motion to dismiss,…
2Cases cited4 opinions
- Robertson v. RobertsonNew York Court of Common Pleas · 1880
- Fink v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Lane v. BeamNew York Supreme Court · 1854
- Wilson v. SmithThe Superior Court of the City of New York and Buffalo · 1891
3Cited by1 opinion
- Pantaleo v. Colt's Patent Fire Arms Mfg. Co.District Court, E.D. New York · 1935