Ninth Avenue Railroad v. New York Elevated Railroad

Citations

• 7 Daly 174
• 3 Abb. N. Cas. 347

Syllabus

<p>An injunction against the maintenance oía structure which is a common nuisance, will not be granted at the suit of a party not suffering or in danger of suffering any injury other or greater than all other persons suffer.and are likely to suffer from the same nuisance.</p> <p>Nor for an injury arising from negligence not th% ordinary and necessary result of the use of the road.</p> <p>Nor even if the private party asking for the injunction shows that he has suffered, or is in danger of suffering an injury, other and greater than the rest of the community, will an injunction be granted unless it appears that the injury existing or threatened is of a serious or irreparable character, and there has been ■diligence in applying.</p>