Bennett v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 31st day of March, 1902, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hirschberg, J.:
I am unable to discover any legal basis for the judgment appealed from. The action is brought to restrain the defendant from maintaining an elevated structure in front of the plaintiff’s premises on Atlantic avenue in the borough of Brooklyn, and from operating-its steam railroad thereon, and the judgment grants the injunction unless the defendant pay the plaintiff the sum. of $600 as past, damages to her property and a like sum for future damages.
The structure complained of is wholly upon the private property or right of way of the defendant. That property never was any part…
2Cases cited14 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Wormser v. . BrownNew York Court of Appeals · 1896
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
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