Greene v. N. Y. Central & H. R. R.R.
The Superior Court of New York City
John W. Greene sued the Hew York Central & IL R. R. R. Co., for damages for the closing of St. John’s Park in the city of Hew York, the erection of a freight depot thereon, and the construction and manner of operation of a steam railroad, through Hudson street, past Ms premises, which cornered on the park. Further facts appear in the opinion. I. Motion by defendants at the trial to dismiss the complaint.
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John W. Greene sued the Hew York Central & IL R. R. R. Co., for damages for the closing of St. John’s Park in the city of Hew York, the erection of a freight depot thereon, and the construction and manner of operation of a steam railroad, through Hudson street, past Ms premises, which cornered on the park. Further facts appear in the opinion. I. Motion by defendants at the trial to dismiss the complaint. I. That the injuries caused by defendant are actionable and a nuisance, even if made' without negligence (Anderson v. Rochester, L. &c., R. R. Co., 9 How. Pr. 553, 566; Hills v. Miller, 3…
1Opinion of the CourtFreedman, J.
This case presents so many interesting questions, and the authorities cited and relied upon by the learned counsel for the parties are so numerous, that owing to the short period I had for their examination, the result of my examination must be announced briefly and without much elaboration.
The action is brought by the plaintiff as owner of the fee, since 1874, of premises situated on the northwesterly corner of Hudson and Laight streets, in the city of New York, to recover damages sustained by reason of the closing of St. John’s Park, the erection of a freight depot thereon, the construction…
2Cases cited49 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
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3Cited by6 opinions
- Tallman v. Metropolitan Elevated R. Co.New York Court of Appeals · 1890
- Elias v. SutherlandNew York Supreme Court · 1886
- Clark v. City of New YorkNew York Supreme Court · 1900
- Callanan v. GilmanThe Superior Court of New York City · 1885
- Moore v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1893
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