Ball v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17, 1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The appeal is from the affirmance only. The nature of the action and the facts, , so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17, 1918, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The appeal is from the affirmance only. The nature of the action and the facts, , so far as material, are stated in the opinion. The method of reclassifying and making up trains is just as proper as the method sanctioned by the Appellate Division of switching and breaking up incoming trains. The railroad lawfully used its own…
1Opinion of the CourtCollin, J.
The action is for an injunctive judgment restraining the defendant from so operating its railroads as to cause a nuisance to the residence of the plaintiff in the village of Chatham, New York, and to recover damages for the injuries to it by reason of the past opera*36tion of the railroads. The Special Term granted the judgment and the Appellate Division affirmed it with a modification. The decision of the Appellate Division was not unanimous.
The cardinal facts are uncontested and are: At the commencement of the action the defendant was operating three lines of railroad entering, upon rights of…
2Cases cited14 opinions
- Richards v. Washington Terminal Co.Supreme Court of the United States · 1914
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
- Thomason v. RailroadSupreme Court of North Carolina · 1906
- Fink v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1914
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3Cited by3 opinions
- People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1940
- Kimball v. ThompsonDistrict Court, D. Nebraska · 1947
- Gray v. Grand Trunk Western RailroadMichigan Supreme Court · 1958