Legal Opinion
Cogswell v. . N.Y., N.H. H.R.R. Co.
New York Court of Appeals
Decided April 19, 1887PublishedCited by 44 opinions
1Opinion of the Court
The complaint demands both legal and equitable relief. It prays judgment for damages and an abatement of the nuisance complained of, and also for an injunction restraining the defendant from continuing the nuisance and from permitting its lands to be used for the purpose of carrying on any operation thereon which shall injure the plaintiff in the enjoyment of her property, The remedy for damages and for the abatement of a private nuisance, could at common law be obtained in a legal action, technically known as an assise of nuisance. It was a part of the judgment that the nuisance be abated.…
2Cases cited3 opinions
- Waggoner v. JermaineNew York Supreme Court · 1846
- Hudson v. . CarylNew York Court of Appeals · 1871
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by44 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Prudential Oil Corporation v. Phillips Petroleum CompanyCourt of Appeals for the Second Circuit · 1976
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
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