U. S. Leasing & Holding Co. v. New York Central & Hudson River Railroad

Majority

p. 875

U. S. Leasing and Holding Company, Respondent, v. New York Central and Hudson River Railroad Company, Appellant.

Headnote

Appeal by defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on January 3, 1913, awarding the plaintiff damages for nuisance.

The plaintiff neither alleged nor proved that the railroad was operated negligently or unreasonably. There is no finding of negligent or unreasonable use. The case is almost identical with Friedman v. N. Y. & Harlem R. R. Co. ( 89 App. Div. 38 ; affd., 180 N. Y. 550 ). (See, also, McCarty v. Natural Carbonic Gas Co., 189 N. Y. 40 .) The judgment should be reversed and complaint dismissed, with costs. Present— Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Judgment reversed, with costs, and complaint dismissed, with cost 3. Order to be settled on notice.

Cases cited

Friedman v. New York & Harlem Railroad 89 App. Div. 38 N.Y. App. Div. 1903-12-18 p. 875
McCarty v. Natural Carbonic Gas Co. 189 N. Y. 40 N.Y. 1907-06-04 p. 875