Legal Opinion

Stanley v. . the Jay Street Connecting Railroad

New York Court of Appeals

Decided December 9, 1919PublishedCited by 3 opinions

Appeal from a judgment entered March 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint.

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Appeal from a judgment entered March 12, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was brought by William Foster, plaintiff’s testator, to compel the defendant to remove its railroad tracks immediately in front of plaintiff’s premises, and for an injunction to restrain the defendant from operating its railroad in Plymouth street, Brooklyn. Plaintiff did not own the bed of the…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Collin, Hogan, Cardozo and McLaughlin, JJ. Dissenting: Pound and Elkus, JJ. Absent: Hiscock, Ch. J.

2Cited by3 opinions

  1. Home Gas Co. v. EckersonNew York County Court, Rockland County · 1950
  2. Brady v. Genesee & Wyoming RailroadAppellate Division of the Supreme Court of the State of New York · 1996
  3. Brooklyn Trust Co. v. Brislin Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1933

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