Friedman v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lewis Friedman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 22d day of April, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint upon the merits.
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Appeal by the plaintiff, Lewis Friedman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 22d day of April, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint upon the merits. The action is to recover damages and for an injunction for the abatement of a nuisance maintained by the defendants in operating their railroad train yards from Forty-fifth to Fifty-second streets, New York city, the plaintiff alleging that her premises, which…
1Opinion of the Court
O’Brien, J.:
Although it was testified that' there was a round house or power house in the yard which was used by the railroad companies, no claim was made that the use to which it was put was such as in and of itself to constitute a nuisance. Had it been shown that the round house as used was a nuisance, then the plaintiff would have brought himself within the doctrine Of. Cogswell v. N. Y., N. H. & H. R. R. Co. (103 N. Y. 10).
It there appeared that the defendant had erected, upon a lot adjoining the dwelling house owned by the plaintiff an engine house and coal bins for its road and used the…
2Cases cited4 opinions
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Sadlier v. City of New YorkNew York Supreme Court · 1903
3Cited by10 opinions
- People v. Dayton Cleaners & Dyers Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Corcoran v. New York Central RailroadNew York Supreme Court · 1917
- Ball v. New York Central RailroadNew York Court of Appeals · 1920
- Ball v. . N.Y.C.R.R. Co.New York Court of Appeals · 1920
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