Rigney v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 5, 1914, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at ¿Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Any damage to plaintiffs’ premises is damnum absque injuria. (Conklin v. N. Y., O. & W. Ry.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 5, 1914, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at ¿Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Any damage to plaintiffs’ premises is damnum absque injuria. (Conklin v. N. Y., O. & W. Ry. Co., 102 N. Y. 107; Reining v. N. Y., L. & W. Ry. Co., 128 N. Y. 157; Rauenstein v. N. Y., L. & W. Ry. Co., 136 N. Y. 528; Talbot v. N. Y. &…
1Opinion of the CourtCuddeback, J.
The action was brought to recover damages resulting to the plaintiffs from changing the grade of Columbia street in the city of Rensselaer, upon which street the lands of the plaintiffs abut.
For a period of thirty-eight years before the change of grade complained of, Columbia street was carried over the defendant’s railroad tracks on a bridge, and there was a slight grade or elevation in the street as it approached the railroad bridge in front of the plaintiffs’ land, which lies next to the defendant’s railroad tracks. The approach to the bridge did not occupy the whole width of the street,…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
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- Francis T. Ratigan v. New York Central Railroad Co. v. Interstate Commodities, Inc., and the Troy Union Railroad Company, Appellee-AppellantCourt of Appeals for the Second Circuit · 1961
- E.G.L. Gem Lab Ltd. v. Gem Quality Institute, Inc.District Court, S.D. New York · 2000
- Ramos v. ShumavonAppellate Division of the Supreme Court of the State of New York · 1964
- New York Telephone Co. v. Secord Bros.New York Supreme Court · 1970
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