Appellate Division of the Supreme Court of the State of New York January 15, 1900 (Umfreville v. Manhattan Railway Co.)

O’Brien, J.:

The plaintiff’s action is the usual one for an injunction and for damages for alleged trespass upon property.

In a separate defense, the defendants alleged that the plaintiff executed a consent in writing to the operation of the roads; and it is this document of which the inspection is sought.