Dailey v. Nassau County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the. plaintiff, Rosalia Dailey, from a judgment of the Supreme Court in favor of the defendants, the trustees of the village of Sea, Cliff, entered in the office of the clerk of the county of Nassau on the 20tli day of February,. 1900, upon the decision of the court, rendered after a trial .at the Nassau Special Term, sustaining the said defendants’ demurrer to the complaint and dismissing said complaint absolutely ; and also, from an order entered in said clerk’s…
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Appeal by the. plaintiff, Rosalia Dailey, from a judgment of the Supreme Court in favor of the defendants, the trustees of the village of Sea, Cliff, entered in the office of the clerk of the county of Nassau on the 20tli day of February,. 1900, upon the decision of the court, rendered after a trial .at the Nassau Special Term, sustaining the said defendants’ demurrer to the complaint and dismissing said complaint absolutely ; and also, from an order entered in said clerk’s office on the 20th day of February, 1900, sustaining said demurrer.
1Opinion of the Court
Jenks, J. :
The Special Term sustained the demurrer of the trustees that the complaint does' not state a cause of action. The plaintiff would ■enjoin the trustees of the incorporated village of Sea Cliff, as the local authorities thereof, from granting consent to the defendant the Nassau County Railroad Company t-o construct a street surface road in certain streets in front of the plaintiff’s premises. Read with all intendments for the plaintiff, the complaint is that the trustees have proceeded upon an application and propose to give such consent as ' to streets which, though within the…
2Cases cited16 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Mellen v. . MellenNew York Court of Appeals · 1893
- Fanning v. . OsborneNew York Court of Appeals · 1886
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
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3Cited by1 opinion
- Rixford Manufacturing Co. v. Town of HighgateSupreme Court of Vermont · 1929