Legal Opinion

Hearst v. New York Central & Hudson River Railroad

New York Supreme Court

Decided March 15, 1914PublishedCited by 1 opinion

Action for an injunction.

1Opinion of the CourtPhilbin, J.

This is an action by the owner of a piece of property on the southerly corner of Riverside Drive and Eighty-sixth street, in the borough of Manhattan, upon which there is erected a modern twelve-story apartment-house of the highest grade, to restrain the defendant from using its tracks between Seventy-second and Ninetieth streets as a switch, classification, storage yard or terminal and committing other acts, all of which are alleged to constitute a nuisance. The plaintiff is in actual possession of said premises and resides thereon. The plaintiff alleges that the defendant operates along its…

2Cases cited10 opinions

  1. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
  2. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
  3. McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
  4. Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
  5. In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871

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3Cited by1 opinion

  1. Davis v. International Railway Co.New York Supreme Court · 1915

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