Torts · MBE-tested
U. S. Leasing and Holding Company, Respondent, v. New York Central and Hudson River Railroad Company, Appellant
158 A.D. 875·New York Supreme Court, Appellate Division·1913·NY
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Opinion
U. S. Leasing and Holding Company, Respondent, v. New York Central and Hudson River Railroad Company, Appellant.
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.
[MAJORITY — Per Curiam:]
Per Curiam:
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.