Henderson v. New York Central Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 17 Hun, 344.) This action was brought in 1853, by Mather Williams, the plaintiff’s decedent, praying for an injunction restraining the defendants from using certain portions of Washington street, in the city of Syracuse, described in the complaint, for the purpose of a railroad, and to recover damages for the past use, or for a judgment that if they be permitted to continue such use it shall be only on condition…
1Opinion of the CourtDani’ORth, J.
This is the second appeal in this action. The first was by one Williams, then plaintiff, from a judgment dismissing the complaint, rendered by the Special Term of the Supreme Court, after a trial of the issues, and an affirmance of the judgment by the General Term. The present plaintiffs are the representatives of Williams, and stand in his place. So far as the facts bear upon the cause of action, they are not different from those established on the former trial, and by reason of which this court held that *427the plaintiff was entitled to recover. The learned counsel for the appellant criticises…
2Cases cited9 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
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3Cited by30 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- State ex rel. Reiley v. ChatfieldSupreme Court of Connecticut · 1898
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