Lynch v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made the first Monday of February, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to deny the defendants’ demand for a jury trial of the cause of action for money damages for past trespasses.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made the first Monday of February, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to deny the defendants’ demand for a jury trial of the cause of action for money damages for past trespasses. (Const. N. Y. art. 1, § 2.) Plaintiff’s right to damages for past trespasses is a separate and distinct cause of action from…
1Opinion of the CourtGray, J.
This action was brought to restrain the maintenance and operation of the defendants’ roads in front of the plaintiff’s premises, and the prayer for such a judgment included also a demand for the amount of loss and damage which might be ascertained to have been already sustained by the plaintiff. The complaint sets out the title and ownership of the plaintiff and his rights in and to the street in front of his premises; the construction of the elevated railroad and the operation of trains over it and the annoying results therefrom; the illegal .and unauthorized nature of the trespass upon the…
2Cases cited11 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
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- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
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