Hentz v. The Long Island Railroad Co.
New York Supreme Court
13 Barb. 646 (1852)

- Written by Joe Cox, JD
Facts
Hentz (plaintiff) owned a lot in Hempstead, New York, for five years before Hentz filed suit. Hentz’s half-acre lot included his dwelling house and a shop fronting on the town’s Main Street. Around 1837, the Long Island Railroad Company (the railroad) (defendant) set up its railroad, laying track along Main Street. In August 1851, the railroad took up its old track and laid down new track. Hentz argued that using the track made the railroad a nuisance, as the railroad’s conduct endangered Hentz and his family, sent offensive smoke through Hentz’s house, and lessened Hentz’s property value. Hentz also alleged that the railroad frequently stopped opposite his land and, thus, caused Hentz a more significant injury than others. Hentz sued for $2,000 in damages and sought an injunction prohibiting the railroad from running trains on or over Hentz’s property. The railroad produced evidence that its laying new track had generally improved the appearance of the area in question and generally asserted that the railroad’s obvious public benefits outweighed the inconvenience of the railroad. At the trial court level, a restraining order was entered in Hentz’s favor, but the railroad appealed that ruling.
Rule of Law
Issue
Holding and Reasoning (Strong, J.)
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