Cogswell v. New York, New Haven & Hartford Railroad
New York Court of Appeals
' Appeal from order of the General Term of the Superior Court of the city of Yew York, made December 28, 1886, which affirmed an order of Special Term granted on motion of the plaintiff, awarding and settling the issues herein to be tried by a jury. The order was made, as stated therein, “ on the ground that a trial by jury is a matter of right in this action.” The nature of the action is stated in the opinion.
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' Appeal from order of the General Term of the Superior Court of the city of Yew York, made December 28, 1886, which affirmed an order of Special Term granted on motion of the plaintiff, awarding and settling the issues herein to be tried by a jury. The order was made, as stated therein, “ on the ground that a trial by jury is a matter of right in this action.” The nature of the action is stated in the opinion. Having once moved the trial of the action without a jury, or having once failed to claim a jury trial, before the production of evidence, the right of plaintiff to a trial-by jury has…
1Opinion of the Court
Andrews, J
The complaint demands both legal and equitable relief. It prays judgment for damages and an abatement of the nuisance complained of, and also for an injunction restraining the defendant from continuing the nuisance and from permitting its lands to be used for the purpose of carrying on any operation thereon which shall injure the plaintiff in the enjoyment of her property, The remedy for damages and for the abatement oí a private nuisance, could at common law be obtained in a legal action, technically known as an assise of nuisance. It was 9 part of the judgment that the nuisance be…
2Cases cited3 opinions
- Waggoner v. JermaineNew York Supreme Court · 1846
- Hudson v. . CarylNew York Court of Appeals · 1871
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by9 opinions
- Prudential Oil Corporation v. Phillips Petroleum CompanyCourt of Appeals for the Second Circuit · 1976
- Bellavance v. Plastic-Craft Novelty Co.District Court, D. Massachusetts · 1939
- Carroll v. . BullockNew York Court of Appeals · 1913
- R. J. Marshall, Inc. v. Turner Construction Co.New York Supreme Court · 1954
- Adelstein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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