Tucker v. Mack Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mack Paving Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rockland on the 24th day of July, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term, restraining the defendant, a domestic corporation, from continuing or permitting to be continued upon the premises described in the complaint such blasting of rock as has…
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Appeal by the defendant, The Mack Paving Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Rockland on the 24th day of July, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term, restraining the defendant, a domestic corporation, from continuing or permitting to be continued upon the premises described in the complaint such blasting of rock as has been done and carried on upon said premises since it acquired possession, and perpetually enjoining and restraining the…
1Opinion of the Court
Sewell, J„:
The defendant, a domestic corporation, is the owner and in possession of about fifty acres of land extending, along the western bank of the Hudson river 1,600 feet and back to the top of the mountain. The property was purchased in February, 1899, for the purpose of quarrying and selling the trap rock which forms the principal part of the mountain. For several weeks prior to the commencement of this action the defendant was engaged in blasting rocks, cutting down trees, making roads and preparing for the opening of a trap rock quarry and the erection of crushers. The plaintiff…
2Cases cited9 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
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3Cited by4 opinions
- Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- O'Sullivan v. KnoxAppellate Division of the Supreme Court of the State of New York · 1903
- De Carvajal v. Young Men's Christian Ass'nNew York Supreme Court · 1902
- Parrinello v. HicksAppellate Terms of the Supreme Court of New York · 1944