Miller v. New York & North Shore Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division df the Supreme Court in the second judicial department, entered March 14, 1904, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division df the Supreme Court in the second judicial department, entered March 14, 1904, affirming a judgment in favor of defendant, entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to restrain the defendant from building and operating its electric street railway in front of plaintiff’s premises, which are situated on the southerly side of Fulton street, borough of Queens, city of New York. At the place in question, Fulton street was formerly known as the Hempstead and Jamaica turnpike road.…
1Opinion of the CourtWerner, J.
The first cause of action set forth in the complaint is founded upon the plaintiff’s alleged ownership of the fee in the southerly half of Fulton street in front of her premises. If she is such owner she can restrain the building of the defendant’s railroad in front of her premises, unless she has consented thereto or her title to the street has been acquired by the defendant. (Peck v. Schenectady Ry. Co., 170 N. Y. 298; Paige v. Schenectady Ry. Co., 178 N. Y. 102.)
The decision of the trial court is in the short form, under section 1022 of the Code of Civil Procedure as it stood before its…
2Cases cited4 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
- Kennedy v. Mineola, Hempstead & Freeport Traction Co.New York Court of Appeals · 1904
3Cited by6 opinions
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Page v. . DempseyNew York Court of Appeals · 1906
- MacArdell v. . OlcottNew York Court of Appeals · 1907
- Dougherty v. . Lion Fire Ins. Co.New York Court of Appeals · 1905
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