Legal Opinion
Avery v. New York Cent. & H. R. Railroad
The Superior Court of the City of New York and Buffalo
Decided July 12, 1889PublishedCited by 2 opinions
On demurrer to reply.
1Opinion of the CourtHatch, J.
The complaint states two causes of action in different counts. The first asks to recover damages for the failure upon the part of defendant to maintain an opening, as by law it is required to do, in a fence separating defendant’s premises from premises occupied by plaintiff. The cause of action is alleged to have arisen upon the 1st day of August, 1881, and been continuous to the commencement of the action, August 18,1888. The second count seeks to recover damages for the creation and maintenance of a nuisance in and about the operations of defendant’s cars and engines adjoining the premises…
2Cases cited5 opinions
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Cragin v. . LovellNew York Court of Appeals · 1882
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Keeler v. . KeelerNew York Court of Appeals · 1886
3Cited by2 opinions
- People ex rel. New York Central Railroad v. BissellAppellate Division of the Supreme Court of the State of New York · 1923
- N. Y., Lake Erie & Western Railroad v. RobinsonNew York Supreme Court · 1887