Rich v. Manhattan Ry. Co.
New York Court of Common Pleas
Appeal from equity term. Action by Alexander Rich against the Manhattan Railway Company and another to restrain the operation and maintenance of defendants’ railroad in front of seven parcels of property belonging to the plaintiff. From an interlocutory judgment denying the relief, plaintiff appeals. As facts the trial court found: “Thirty-Ninth.
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Appeal from equity term. Action by Alexander Rich against the Manhattan Railway Company and another to restrain the operation and maintenance of defendants’ railroad in front of seven parcels of property belonging to the plaintiff. From an interlocutory judgment denying the relief, plaintiff appeals. As facts the trial court found: “Thirty-Ninth. The enjoining of the railroad in front of any one.of plaintiff’s premises in Park Row, and the removal thereof, would cause the total cessation of the operation of the road in front of, and the removal of the same from in front of, all of the…
1Opinion of the Court
Pryor, J..
The action is in equity for injunctive relief,—Shepard v. Railroad Co., 117 N. Y. 442, 23 N. E. Rep. 30; Lynch v. Railroad Co., (N. Y. App.) 29 N. E. Rep. 315; and to its maintenance an insurmountable bar is opposed by the fact that from the wrong complained of no substantial injury results to the plaintiff,—Brush v. Railroad Co., (Com. Pl. N. Y.) 17 N. Y. Supp. 540; Purdy v. Railroad Co., (Com. Pl. N. Y.) 13 N. Y. Supp. 295. But appellant insists that, though the collective value of his several properties be not diminished by the presence and operation of defendants’ railway, yet,…
2Cases cited5 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1892
- Sperb v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1892
3Cited by3 opinions
- Brooklyn El. Railroad v. FlynnNew York Supreme Court · 1895
- Rich v. Manhattan Railway Co.New York Court of Common Pleas · 1894
- Rich v. Manhattan Railway Co.New York Court of Common Pleas · 1894