Legal Opinion

Plant v. Long Island Railroad

New York Supreme Court

Decided October 15, 1850PublishedCited by 25 opinions

Action to recover damages alledged by the plaintiff to have been sustained by him in consequence of the construction of a tunnel, by the defendants, through Atlantic-street, in the city of Brooklyn. The facts are stated in the opinion of the court.

1Opinion of the Court

By the Court, Edwards, J.

This action was brought to recover damages for the injury which the plaintiff alledges that he has sustained by reason of the construction of a tunnel, by the defendants, through Atlantic-street, in the city of Brooklyn. The bill of exceptions shows that the plaintiff was the lessee of a messuage and tenement, situated upon said street, for the term of three years, and that during the continuance of his lease the defendants excavated the street for the purpose of constructing the tunnel, and that they were engaged in the work of excavation and construction for several…

2Cases cited2 opinions

  1. Drake v. Hudson River RailroadNew York Supreme Court · 1849
  2. Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841

3Cited by25 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  3. Pause v. City of AtlantaSupreme Court of Georgia · 1896
  4. State Ex. Rel. York v. B. of C. Com'rsWashington Supreme Court · 1947
  5. Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889

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