New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-27
THE COURTS.
THE DAMAGE TO MR.. GREENE'S PROPERTY
JUDGE FREEDMAN DECIDES THAT HE HAS RIGHT
TO HAVE THE CASE SUBMITTED TO JURY.

THE DAMAGE TO Mr.. GREENE'S PROPERTY.
JUDGE FREEDMAN DECIDES THAT HE HAS RIGHT
TO HAVE THE CASE SUBMITTED TO A JURY.
Judge Freedman, in the Superior Court yes
terday rendered decision in which he denies the mo-
ton to dismiss the complaint In the suit now on tai
before him. brought by John W. Greene against the New
York Central and Hudson River Railroad Company. to
recover about $4,000 damages alleged to have peeh
done to his premises in Hudson-s by the wrongful con-
version by the defendant OF St. Johns PARK into rail-
way freight station and by the wrongful practice OF
storing and running cars and engines In Hudsoh-s~
The motion to dismiss the complaint was made last Week.
Judge Freedman In his opinion, says that the case pre-
sents many interesting questions The plaintins prem
ses for alleged injuries which the action was brought
were situated at Hudson and Laght sts The PARK was
laid out In 1903 for the benefit OF such persons as had OF
should lease from Trinity Church lots Of land directly
fronting on IL. The owners OF no other prop
erty In the neighboOrhood wera TO nave
right or claim to the continuance OF tne
park as park The premises owned by the pmntm
froned on the park, so that neither ne nor his
anors ever had any interest In the park as sucn In
1867 Trinity Church sold the park 10 the defendant
the necessary consent of these interested In 1t having
first been obtained. There no proof that Irlny
Church had ever dedicated the park to the public In gen
era The plaintiff had therefore failed TO show that MS
rights had been injured by the conversion OF the park
into freight station.
or not the plaintiff had Of action by reason OF
the building the railway He finds that the paintih
had no interest in Hudson-st. which wr- wrongfuily
affected by the construction of the railway therefore
the plaintiff had any claim for damage against the COM
pany, IL arise out Of the manner IN winch thc co
pany operated its road on Hudson-st the company
was only liable in damages to the plaintiff in case that
he could show that IL did not operate
its road in a reasonable manner, regard being
had 10 all the circumstances or the case
railway although having lawful warrant for Its exist
ence and operation might be operated as 10 destroy
| the rights OF abut.ing owners In tine street
| When railway was operated all things SohsueIcn'
in an unreasonable manner to particular person,
that person might maintain an action Tor tue private
| damage III the nuisance continuous, the person
might maintain successive actions year alter year. as
long az grass grows water runs Under the recent
decision of the Court Of Appeals, an adjoining owner
had right to light aud air from the street. III railway
having lawful existence operates It's road IN reason
able manner an adjoining has redress for the
escape of smoke gas cnders. But row OF cars not
in immediate may be so placed against certain OF u
propertyowners windows and kept there 50 long as 10
Interfere materially with the enjoyment OF roos
| and for this the law would afford him redress -
The principle be deduced from tue case was that
the law OF the public streets OF city is notion ana at
any use of the street which does not materially abrdge
or obstruct the right OF passage, OF ngress and ege
and to light and air. gives right OF action; out nt
every unnecessary material abridment obstruction
by which the rights Of abutng owner TO pass ana re-
pass TO have free and from his premises
and TO enjoy the ht and air the street. IS unreason-
ably affected gives the injured party IN case O1 sp
ciai damage tnerefrom a right of action against the
offending person for the oft damages acts
sustained" This being the law, the paintlH uad the
/ right TO have his case submitted to the jury.
The trial will be continued to-day.