O'Sullivan v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
On demurrer to complaint. Action by Eugene O’Sullivan against the New York Elevated Bailroad Company and the Manhattan Bail way Company.
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On demurrer to complaint. Action by Eugene O’Sullivan against the New York Elevated Bailroad Company and the Manhattan Bail way Company. The complaint alleges that the railroad of the defendants is a permanent, unlawful nuisance, inflicting irreparable damage upon the plaintiff’s property, and that the defendants had no right to build or operate their railroad upon the plaintiff’s premises, and prays “that the defendants, and each of them, be perpetually enjoined and restrained from operating their said railroad in Pearl street running in front of, or past, or over, or upon the said…
1Opinion of the CourtO’Gorman, J.
This is a demurrer to the plaintiff’s complaint on the grounds that causes of action are improperly united in the complaint, and that the complaint does not state facts sufficient to constitute a cause of action against the defendants, or either of them. The action is brought on the equity side of the court for the purpose of obtaining equitable relief by way of injunction, perpetually restraining the defendants, and each of them, from inflicting or continuing to inflict on the plaintiff the injuries to his real estate in Pearl street, which are admitted by the demurrer. One of the…
2Cases cited5 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Pond v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1889
- Chenango Bridge Co. v. LewisNew York Supreme Court · 1872
3Cited by3 opinions
- State Ex Rel. Bailes v. Guardian Realty Co.Supreme Court of Alabama · 1939
- Moore v. StateTexas Supreme Court · 1915
- State Ex Rel. Ely v. BandallMissouri Court of Appeals · 1927