Legal Opinion

Kennedy v. Mineola, H. & F. Traction Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1902Published

Appeal from special term, Nassau county. Action by H. Van Rensselaer Kennedy against the Mineóla, Hemp-stead & Freeport Traction Company. From a judgment entered on dismissal of the complaint, plaintiff appeals.

1Opinion of the CourtGoodrich, P. J.

The plaintiff’s action is to enjoin the defendant, a street surface railroad corporation, from constructing and maintaining a railroad in front of his property on the east side of Free-port road, in the town of Hempstead, Nassau county, and from interfering with him in removing the road constructed by the defendant ; to recover damages occasioned to the plaintiff by the construction of the railroad; and also to have the construction of the railroad declared illegal, and its maintenance a nuisance inflicting special' injury and damage upon him. The plaintiff is the owner of a tract of land on…

2Cases cited14 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
  3. Banks v. OgdenSupreme Court of the United States · 1865
  4. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  5. Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877

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