Saxton v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
"' Appeal by the defendants, The New York Elevated Eailroad Company and another, from a judgment of. the Court of Common Pléás for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 3d day of 'December, 1895, upon the decision of the court rendered after a trial at an Equity Term thereof.
1Opinion of the CourtVan Brunt, P. J.
This action- is of a character with which the courts have become somewhat familiar. It was brought to obtain an injunction restraining the operation of the elevated road of the defendants unless compensation should be made for the easement" taken by said railroad appurtenant to the premises of the plaintiff, and to recover damages -for the loss already sustained by him through the erection and operation of the defendants’ road. The plaintiff alleged ownership in the. premises, which was denied in the answer. Upon the trial it. appeared that the plaintiff had shortly before conveyed the…
2Cases cited1 opinion
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
3Cited by3 opinions
- Chanler v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Chanler v. New York El. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Israel v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901