47 N.Y. 150 | NY | 1871
The plaintiff is not the owner of any land lying within 140 feet, or thereabouts, from the railroad crossing, River street; but he is the owner of land situate upon that street which the referee finds, in substance, is somewhat impaired in its rental and other value, by being made somewhat more difficult of access by trains running across the street, although the track when cars are not running or standing thereon, is not materially injurious. This is such an interest as authorises the plaintiff to maintain an action for the purpose of restraining the defendants from running the cars across the street, and compelling them to remove the track if unlawfully placed in the street. (Corning andothers v. Lawson, 6 Johns. Ch., 439; Davis and others v.The Mayor,
All concur.
Judgment affirmed.