Miller v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Eli P. Miller and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of December, 1902, striking the case from the Special Term calendar and directing that the issues be tried by a jury.
1Opinion of the Court
Patterson, J.:
This action was brought for a perpetual injunction to restrain the defendant from using its property in such a way as to continue a nuisance caused by such use, and incidentally to recover past damages. Issue was joined, and thereupon the case was placed upon the Special Term or equity calendar for trial. Thereafter a motion was made by the defendant to remove the case from that calendar and send it to be tried by a jury. The motion was granted, and from the order entered thereon this appeal is taken.
The question here involved was determined by this court in the case of…
2Cases cited9 opinions
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Waggoner v. JermaineNew York Supreme Court · 1846
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Attorney General v. Cohoes Co.New York Court of Chancery · 1836
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
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3Cited by5 opinions
- Expressway Realties v. Sidjack Realty Corp.New York Supreme Court · 1962
- Steinway v. von BernuthAppellate Division of the Supreme Court of the State of New York · 1903
- Glass v. RinseNew York Supreme Court · 1923
- Offenbacher v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1914
- Steinway v. Von BernuthAppellate Division of the Supreme Court of the State of New York · 1903