Bell v. City of New York

We are concerned on this appeal solely with the sufficiency of the complaint which is addressed to the equity side of the court. In determining the questions involved we cannot consider affidavits submitted on a prior motion for a temporary injunction, but must confine our review to the allegations which are set forth in the pleading.

Plaintiff Mary E. Bell is the owner, and her coplaintiff, H. W. Bell Company, the lessee of premises having a frontage of 250 feet on the west bank of the Mott Haven canal. They commenced this action against the defendant city of New York, and its contractor,…