Remsen v. New York, Brooklyn & Manhattan Beach Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob D. Remsen, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the . 21st day of [November, 1905, sending this action from the equity calendar to the jury calendar for trial. The complaint alleges that the defendant is in possession. of the = land in question and that its railroad runs over it.
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Appeal by the plaintiff, Jacob D. Remsen, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the . 21st day of [November, 1905, sending this action from the equity calendar to the jury calendar for trial. The complaint alleges that the defendant is in possession. of the = land in question and that its railroad runs over it. In addition to being given possession of the land, the complaint prays for relief that the defendant remove its tracks and cease to run trains over the land. (Por more complete…
1Opinion of the Court
Gaynor, J.:
This verbose complaint alleges,nothing bat a cause of action for-the recovery of the possession of real property.- That the defendant is a steam .railroad company, and has tracks on it and runs trains of cars, over it, does not make the suit one in -equity. If the- plaintiff recovers possession, and the defendant leaves its. ties and rails, after it, that presents no casé calling for the assistance of a. court of equity. The plaintiff’s own hands will suffice. And it is to be presumed that when the plaintiff gets into possession b.y a common-law judgment the defendant will not run…
2Cases cited3 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Hahl v. . SugoNew York Court of Appeals · 1901
- Davis v. . MorrisNew York Court of Appeals · 1867
3Cited by5 opinions
- Maasch v. GrauerAppellate Division of the Supreme Court of the State of New York · 1908
- Storandt v. WakeleeAppellate Division of the Supreme Court of the State of New York · 1919
- Boyle v. WallaceAppellate Division of the Supreme Court of the State of New York · 1919
- McDonald v. SkinnerNew York Supreme Court · 1925
- Storandt v. WakeleeAppellate Division of the Supreme Court of the State of New York · 1919