James Galway, Respondent v. the Metropolitan Elevated Railway Company, Appellants

Summary

The New York Court of Appeals affirmed the trial court's injunction against the Metropolitan Elevated Railway, holding that the ten‑year statute of limitations does not bar an equity action to restrain continuous trespasses, and that the plaintiff's alleged acquiescence does not constitute an estoppel. The court emphasized that each ongoing trespass creates a new cause of action and that equity may intervene so long as a legal right remains.