Van Allen v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Court ■of Common Pleas for the city and county of 27ew York, entered upon an order made March 13, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court ■of Common Pleas for the city and county of 27ew York, entered upon an order made March 13, 1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The learned referee, having virtually dismissed the complaint as to the sole cause of action presented by the pleadings, erred in attempting to grant relief upon an incidental matter which did not constitute an issue in the action, and was not embraced within the orden of…
1Opinion of the CourtO’Bbiek, J.
This was the usual action by the owner of z’eal estate to restrain, by bill in equity, the further opez’ation and maizztenance of the defendant’s elevated z*ailroad, in fz’ont of his premises in East Thirty-fourth street, in the city of 27ew York, and for the recovery of the damages caused thereby. The cause was refez-red by stipulation, and the referee reported that the plaintiff was not entitled to z’estrain the operation and znaintenazice of the road but to judgment for damages only. The defendants’ counsel insists that upon the conceded facts the complaint should have been dismissed and…
2Cases cited10 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- PRATT & OTHERS v. Law & CampbellSupreme Court of the United States · 1815
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- Ferguson v. Village of HamburgNew York Court of Appeals · 1936
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Raftery v. World Film Co.Appellate Division of the Supreme Court of the State of New York · 1917
24 more not listed; retrieve them via the Exa API.