Legal Opinion

U. S. Leasing & Holding Co. v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1913PublishedCited by 2 opinions

Appeal by defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on January 3, 1913, awarding the plaintiff damages for nuisance.

1Per curiam

The plaintiff neither alleged nor proved that the railroad was operated negligently or unreasonably. There is no finding of negligent or unreasonable use. The case is almost identical with Friedman v. N. Y. & Harlem R. R. Co. (89 App. Div. 38; affd., 180 N. Y. 550). (See, also, McCarty v. Natural Carbonic Gas Co., 189 N. Y. 40.) The judgment should be reversed and complaint dismissed, with costs. Present— Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Judgment reversed, with costs, and complaint dismissed, with cost 3. Order to be settled on notice.

2Cases cited3 opinions

  1. McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
  2. Friedman v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  3. Friedman v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1905

3Cited by2 opinions

  1. Ball v. New York Central RailroadNew York Court of Appeals · 1920
  2. Ball v. . N.Y.C.R.R. Co.New York Court of Appeals · 1920