Legal Opinion

Overton v. President & Board of Trustees of the Village of Olean

New York Supreme Court

Decided June 15, 1885Published

Appeal by tbe plaintiff from an interlocutory judgment, entered on a decision made at the Cattaraugus Special Term, sustaining a demurrer to the complaint. The action was braught against The Buffalo, New York and Philadelphia Railway Co., and the President and Board of Trustees of the village of Olean.

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Appeal by tbe plaintiff from an interlocutory judgment, entered on a decision made at the Cattaraugus Special Term, sustaining a demurrer to the complaint. The action was braught against The Buffalo, New York and Philadelphia Railway Co., and the President and Board of Trustees of the village of Olean. The complaint alleges that the village is incorporated ; that one of its public streets is Sixth street; that the railway company is a domestic corporation and has commenced and is proceeding and threatens to erect a permanent structure in the street in such manner as to effectually obstruct…

1Opinion of the Court

Bbaduey, J.:

The complaint alleges a purpose on the part of the railway company, defendant,, to substantially obstruct and destroy the use by the public of one of the public streets of the village of Olean, by the erection of a permanent structure in it, and that the company has commenced, and is proceeding, in execution of such purpose. This, when accomplished, will be a public nuisance. And the construction is the proper subject for restraint. The village, through the president and board of trastees, as commissioners of highways, may bring an action for that purpose with a view to the…

2Cases cited7 opinions

  1. Davenport v. DowsSupreme Court of the United States · 1874
  2. Bailey v. IngleeNew York Court of Chancery · 1830
  3. Knox v. Mayor of New YorkNew York Supreme Court · 1868
  4. Wendell v. Mayor of TroyNew York Supreme Court · 1862
  5. People v. Metropolitan Telephone & Telegraph Co.New York Supreme Court · 1882

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