Murdock v. Prospect Park & Coney Island Railroad

New York Supreme Court

Murdock v. Prospect Park & Coney Island Railroad

17 N.Y. Sup. Ct. 598

New York Supreme Court·Decided May 15, 1877·Published

Opinion

Pratt, J.:

It is found by the court at Special Term that the acts of defendant, now complained of, were done in accordance with the expressed wish of the plaintiff, and that finding was warranted by the testimony. Upon that state of facts no trespass was committed.

Haying induced the defendants to expend large sums of money in building the road, it would be contrary to all principles of equity to enjoin its operation.

The judgment must be affirmed with costs.

Present — Barnard, P. J., Pratt and Dykman, JJ.

Judgment affirmed, with costs.

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Pratt, J.:

It is found by the court at Special Term that the acts of defendant, now complained of, were done in accordance with the expressed wish of the plaintiff, and that finding was warranted by the testimony. Upon that state of facts no trespass was committed.

Haying induced the defendants to expend large sums of money in building the road, it would be contrary to all principles of equity to enjoin its operation.

The judgment must be affirmed with costs.

Present — Barnard, P. J., Pratt and Dykman, JJ.

Judgment affirmed, with costs.

Murdock v. Prospect Park & Coney Island Railroad, 17 N.Y. Sup. Ct. 598 (N.Y. Super. Ct. 1877).

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17 N.Y. Sup. Ct. 598 (Murdock v. Prospect Park & Coney Island Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.