McKeon v. . See
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Sew York, modifying a judgment in favor of plaintiff rendered by the Special Term. (Reported below, 4 Robt., 449.) This action was brought by the plaintiff, who was the owner of two houses and lots on Bleecker street, in the city of Blew York, to restrain the defendant from the use of hi-s steam power, used in a marble factory on the corner of Bleecker and Banks streets.
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Appeal from judgment of the General Term of the Superior Court of the city of Sew York, modifying a judgment in favor of plaintiff rendered by the Special Term. (Reported below, 4 Robt., 449.) This action was brought by the plaintiff, who was the owner of two houses and lots on Bleecker street, in the city of Blew York, to restrain the defendant from the use of hi-s steam power, used in a marble factory on the corner of Bleecker and Banks streets. The judge, before whom the cause was tried without a jury, found the following facts: 1st. Plaintiff is the owner of the two houses and lots of…
1Opinion of the Court
Hunt, C.
A preliminary objection is now made, to wit, that the case should have been tried by a jury, and not by the judge alone, without a jury. I have not examined that question upon its merits, because I am of the opinion that it does not properly arise in this case.
The case states that when the cause was called the defendant’s counsel demanded a trial by jury, and objected to a trial before the court, without a jury, on the ground that the question in the case is a question of fact, and the defendant was entitled to a jury trial. The request was declined and the defendant exóepted. The…
2Cases cited2 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Fish v. DodgeNew York Supreme Court · 1847
3Cited by37 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
- Bushnell v. Robeson & Co.Supreme Court of Iowa · 1883
- Longtin v. PersellMontana Supreme Court · 1904
- Blackford v. Heman Construction Co.Missouri Court of Appeals · 1908
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