Coatsworth v. Lehigh Val. Ry. Co.

• Decision Date: 04 October 1898
• Parties: COATSWORTH v. LEHIGH VAL. RY. CO. et al.
• Court: New York Court of Appeals Court of Appeals

156 N.Y. 451

51 N.E. 301

COATSWORTH

v.LEHIGH VAL. RY. CO. et al.

Court of Appeals of New York.

Oct. 4, 1898.

Appeal from supreme court, appellate division, Fourth department.

Action by Reuben H. Coatsworth against the Lehigh Valley Railway Company and the Lehigh Valley Railroad Company to enjoin defendants from running their trains on a bridge extending over a street abutting on plaintiff's land, and from interfering with plaintiff while moving the bridge, and for damages. From a judgment of the appellate division of the supreme court (48 N. Y. Supp. 511) overruling a demurrer to the complaint, defendants appeal. Affirmed.

Martin Carey, for appellants.

John Cunneen, for respondent.

MARTIN, J.

This is an appeal allowed by the appellate division of the supreme court from an interlocutory judgment overruling a demurrer to the complaint. The sole ground of demurrer was that the complaint did not state facts sufficient to constitute a cause of action. The Lehigh Valley Railway Company is a domestic corporation. The Lehigh Valley Railroad Company is a foreign corporation. The latter has been for several years, and still is, engaged in operating a line of railroad for the transportation of freight and passengers from Sayre, in the state of Pennsylvania, to the city of Buffalo, in this state. At the time, and prior to the construction of the bridge and superstructures mentioned in the complaint, the plaintiff or his grantors were, and he now is, the owner in fee simple and possessed of the premises in the city ofBuffalo, which are also described therein. A portion of the premises is within the bounds of Alabama street, and is subject to an easement or right of way over it for the purpose of a public street. The Lehigh Valley Railway Company, without the consent of the plaintiff or the owners of the land, erected a bridge upon and across the premises lying within the bounds of such street, which is placed upon abutments of solid masonry, one on the easterly and the other on the westerly side, and upon iron pillars resting upon the street between the abutments. The bridge is solid and permanent in character, and is a part of the real estate of the plaintiff. That company, in connection with the bridge, constructed and maintains a line of railroad immediately in front and on the northerly side of that portion of the plaintiff's premises which lie westerly of Alabama street and easterly of Louisiana street, and continues and maintains its railroad easterly and westerly from Alabama street for several thousand feet. A portion of its road is in front of plaintiff's premises, and is upon an embankment from 4 to 15 feet above the level of the plaintiff's land; and the bridge across Alabama street is about 12 feet above the level of the plaintiff's premises and the grade of the street. The Lake Shore & Michigan Southern Railway Company, a domestic corporation, owns and operates a line of railroad from the city of Buffalo to the city of Chicago, and maintains a switch or siding extending from its main line through Scott street in the former city westerly from Hamburg street to Alabama street, which reaches a point within about 12 feet of the northerly line of the portion of the plaintiff's premises lying within the bounds of Alabama street, and about 80 feet northerly of the northeasterly corner of the plaintiff's lands which lie westerly of Alabama street. The location of the plaintiff's lands is such that they are particularly valuable for business and manufacturing purposes, and their value would be greatly enhanced by having a railroad connection with the Lake Shore & Michigan Southern Railroad tracks. Such a connection could be readily made, except for the roadbed, bridge, and superstructure maintained by the Lehigh Valley Railway Company, which prevent any such connection being effected. The plaintiff is desirous of removing the bridge so maintained upon his lands within the street, but is apprehensive that the defendants may attempt to interfere with or prevent his doing so, and may prevent the construction and maintenance of a spur or switch to connect his lands with the track of the Lake Shore Railway Company. No efficient connection can be made with the railroad of the defendant for business purposes, because of its elevation. If the abutments and posts in Alabama street, and contiguous thereto, were removed, a switch or siding could be easily constructed through that street to Scott street, and thus connect the railroad tracks of the Lake Shore with the plaintiff's premises. The abutments, posts, and bridge were erected and are maintained by the Lehigh Valley Railway Company without the consent or permission of the plaintiff. Their erection and maintenance and the erection of the elevated railroad bed have depreciated the value of the plaintiff's premises at least one-half, have depreciated their rental value about one-half, and, as a consequence, several building lots situated thereon cannot be rented, and have been and are tenantless. The erection of the abutments and posts, the construction of the bridge and superstructure thereon, and their maintenance, have caused the plaintiff continuous damage. The defendants have been and are guilty of numerous trespasses upon his land by running locomotives and cars over it each day. A multiplicity of actions would be necessary to recover for such trespasses, and the plaintiff has no adequate remedy at law to redress them. Subsequently to the construction of such road and bridge by the Lehigh Valley Railway Company, by some arrangement or agreement with the Lehigh Valley...