Bellew v. New York, Westchester & Connecticut Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York, Westchester and Connecticut Traction Company, from an order of the Supreme Court, made at the Dutchess County Special Term, bearing date the-day of November; 1899, and entered' in the office of the clerk of the county of Westchester, continuing a preliminary injunction during the pendency of the action.
1Opinion of the Court
Per Curiam :
The plaintiff is an abutting property owner upon the street where the defendant is engaged in constructing its railroad, and he seeks by this action to restrain such construction. In order to entitle the plaintiff to an injunction, he must show that the act of the defendant will inflict some special injury upon his rights. (Milhau v. Sharp, 27 N. Y. 611.) And an injunction will hot be granted at the instance of a property owner, except so far as it is. necessary to prevent interference with the special right of which the party is possessed. (Beekman v. Third Avenue R. R. Co., 13…
2Cases cited2 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Beekman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Adams v. CarterMississippi Supreme Court · 1908
- Elkin v. LabisAppellate Division of the Supreme Court of the State of New York · 2016