Saxton v. New York Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from court of common pleas, special term. Action Tby James Saxton against the New York Elevated Railway Company and others. There was a judgment in favor of plaintiff, and defendants appeal.
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 premises…
2Cases cited2 opinions
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- Domschke v. Metropolitan Elevated Railway Co.New York Supreme Court · 1893
3Cited by1 opinion
- Chanler v. New York El. RailroadAppellate Division of the Supreme Court of the State of New York · 1898