Lamming v. . Galusha
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22,1892, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and sustained a demurrer to the complaint.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22,1892, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and sustained a demurrer to the complaint. The nature of the action and the facts, so far as material, are set forth in the opinion. . So far from setting forth a cause of action for negligence, improperly joined with one for the maintenance of a nuisance, no negligence is pleaded by plaintiff. This is a point…
1Opinion of the CourtAndrews, J.
The question presented by the demurrer is whether in an action for maintaining a nuisance in constructing and operating a steam railroad in a public highway without authority, brought by the owner of lands injuriously affected by the road, and whose property rights are invaded thereby, in which the plaintiff demands relief by way of injunction and special damages to his real property, occasioned by the nuisance, he may claim in the same action damages for a personal injury sustained from the operation of the road, without negligence on his part, from being thrown from a wagon while driving…
2Cases cited3 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Goldberg v. . UtleyNew York Court of Appeals · 1875
3Cited by28 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Vanmeter v. GoldfarbIllinois Supreme Court · 1925
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
- Physicians Plus Insurance v. Midwest Mutual InsuranceWisconsin Supreme Court · 2002
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