Tucker v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Edison Electric Illuminating Company of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county ■of Hew York on the 19th day of February, 1904, upon the decision of the court rendered after a trial at the Hew York Special Term.'
1DissentMcLaughlin, J.
This action was brought to enjoin the defendant from operating its electric power house, on the ground that it was a nuisance, and to recover damages caused thereby.
At the opening of the trial and before any further proceedingsv had been taken, defendant’s counsel moved that the cause be stricken from-the Special Term calendar and sent too jury for trial upon the ground that defendant was entitled to a jury trial as a matter of right. The motion was denied and an exception taken. The trial then proceeded and at its conclusion the court found that when the action was commenced the plaintiff…
2Cases cited6 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Ackerman v. TrueAppellate Division of the Supreme Court of the State of New York · 1900
- McNulty v. Mount Morris Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1900
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