New York Supreme Court, 1877

Murdock v. Prospect Park & Coney Island Railroad

Murdock v. Prospect Park & Coney Island Railroad
New York Supreme Court · Decided May 15, 1877 · Barnard, Dykman, Pratt
17 N.Y. Sup. Ct. 598

Counsel

Chittenden <& Fiero, for the appellant., John H. Bergen, for the respondent.

Murdock v. Prospect Park & Coney Island Railroad

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.