Legal Opinion
Klin Co. v. New York Rapid Transit Corp.
New York Court of Appeals
Decided July 8, 1936PublishedCited by 12 opinions
1Opinion of the CourtLoughran, J.
This suit is brought to recover for damages to easements of light, air and access appurtenant to premises of the plaintiff abutting on Jamaica avenue, Queens, city of New York.
The gist of the complaint is that the maintenance and operation by the defendant of an elevated railroad structure erected in Jamaica avenue “ constitute a continuing trespass and nuisance, and thereby plaintiff’s interest and property in said premises have depreciated in value.”
We are concerned only with the question of the validity of two defenses iii substance stated as follows: (1) “ The defendant and its grantors…
2Cases cited5 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Ward v. . WarrenNew York Court of Appeals · 1880
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
3Cited by12 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
- City of New York v. Coney Island Fire Department of GravesendAppellate Division of the Supreme Court of the State of New York · 1940
- Low v. PeopleAppellate Division of the Supreme Court of the State of New York · 1942
- Sheehan v. Municipal Light & Power Co.District Court, S.D. New York · 1943
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