Hunter v. Manhattan Railway Co.
The Superior Court of New York City
Appeal by defendants from a judgment for plaintiff entered upon a decision of the special term of the Superior Court. The action was brought by Catherine S. Hunter against The Manhattan Railway Company and The New York Elevated Railroad Company to recover damages caused by the maintenance and operation of the defendants’ road in front- of plaintiff’s premises and for an injunction against the. continuance of the road. The facts are fully stated in the opinion.
1Opinion of the CourtGildersleeve, J.
The judgment directs that the plaintiff recover of the defendants the sum of $12,556.25, damages and interest, and $941.23, costs and extra allowance. It also restrains defendants from maintaining or using their elevated railway in front of plaintiff’s premises unless the defendants shall within the time and in the manner specified therein, pay to the plaintiff the sum of $12,000, with interest from the date of this judgment, in exchange for a conveyance and release of the property appropriated by the defendants.
A fair preponderance of evidence sustains the findings of the court below, and…
2Cases cited2 opinions
- Livingston v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Uhlenhaut v. Manhattan Ry. Co.The Superior Court of the City of New York and Buffalo · 1892