Sadlier v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 28, 1905, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 28, 1905, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial. The action is brought for equitable relief, and judgment is demanded that the defendant be perpetually enjoined and restrained from So- maintaining and using the bridge over the East river from the borough of Manhattan to the borough of Brooklyn, New York, as to cause and allow or permit water, splinters or debris or matter of any kind to…
1Opinion of the CourtChase, J.
Where a trespass is of a continuous nature a person has a right to invoke the restraining order of a court of equity to prevent the same, and in an action for that purpose the court can, and should, grant all the relief that the nature of the action and the facts demand.
In this case we will first assume that the complaint alleged facts justifying the relief which the plaintiffs demanded; that they established the allegations of their complaint on the trial and that the court found the facts in accordance with plaintiffs’ contention and which entitled the plaintiffs to equitable relief. •
Should…
2Cases cited6 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Lynch v. Mayor of New YorkNew York Court of Appeals · 1879
- Baily v. . HornthalNew York Court of Appeals · 1898
- Miller v. Edison Electric Illuminating Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nevins, Inc. v. KasmachNew York Court of Appeals · 1938
- New York State Energy Research & Development Authority v. Nuclear Fuel Services, Inc.District Court, W.D. New York · 1983
- Cox v. City of New YorkNew York Court of Appeals · 1934
- 50 New Walden, Inc. v. Federal InsuranceNew York Supreme Court · 1963
- People v. Transit Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
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