Boll v. New York & Harlem Railroad
New York Supreme Court
Action to enjoin the defendants’ alleged continuing trespass to real property. Demurrer to a separate defense for alleged insufficiency in substance.
1Opinion of the CourtBischoff, J.
The complaint is framed for all the purposes of an action to enjoin the defendants’ alleged trespass to real property, and it is apparent therefrom that the trespass is, and for the ten years immediately preceding the commencement of the action was,. of a continuing character.
The defense, among others, is that the cause of action did not accrue within ten years last preceding the commencement of the action.
Ooncededly, this defense is sufficient in. form, and the only contention upon behalf of the plaintiff is that, since the complaint *43shows the trespass complained of to he a continuing one,…
2Cases cited2 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Spores v. BoggsOregon Supreme Court · 1876
3Cited by1 opinion
- Zapf v. CarterAppellate Division of the Supreme Court of the State of New York · 1902