Higgins v. New York Dock Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Higgins, 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 30th day of Hovembér, 1909, denying the plaintiff’s motion to vacate an order for his examination before trial.
1Opinion of the Court
Jenks, J.:
This action is to enjoin the defendant from working a private railroad on certain highways in the borough of Brooklyn, on the ground that it is a nuisance and that it interferes peculiarly With the plaintiff’s business. The moving'affidavits are two — of the treasurer of the defendant and of its attorney. The treasurer deposes that defendant desires to examine the plaintiff “ as to his business, and as to the damage which he alleges he lias suffered by reason of the acts óf the defendant and as to the manner in which he will be irreparably injured if he is not granted the relief…
2Cases cited2 opinions
- Hartog & Beinhauer Candy Co. v. Richmond Cedar WorksAppellate Division of the Supreme Court of the State of New York · 1908
- Naab v. StewartAppellate Division of the Supreme Court of the State of New York · 1898