Suarez v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, Hew York county. Action by Peter Santos Suarez against the Manhattan Railway Company -and the Metropolitan Elevated Railway Company, to restrain the maintenance ■of an elevated railroad in front of plaintiff’s premises, and for damages.
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Appeal from special term, Hew York county. Action by Peter Santos Suarez against the Manhattan Railway Company -and the Metropolitan Elevated Railway Company, to restrain the maintenance ■of an elevated railroad in front of plaintiff’s premises, and for damages. The prayer of the complaint was “that each and all of the defendants be perpetually restrained and enjoined from any and every act towards maintaining, constructing, or operating the above-described elevated railroad, or any :part or accessory thereof, along said Trinity place, or adjoining or in front of ■the plaintiff’s premises…
1Opinion of the CourtBarrett, J.
There is but little in this case which has not already been ■passed upon in numerous decisions of the court of appeals and of this court. Upon the merits we think the money awards made at the special term were moderate, and we find no errors in the admission or rejection of evidence. Hovelty is claimed for the point that it was error to grant an injunction against the running of trains, but judgments in this form have been repeatedly granted and sustained. The operation of the road has been invariably • treated as an incident to the maintenance and use of the structure. In the *223Lahr Case, 104…
2Cases cited1 opinion
- Cornell v. New York Elevated RailroadNew York Supreme Court · 1891
3Cited by5 opinions
- Smith v. New York El. R.New York Court of Common Pleas · 1892
- Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
- Kane v. Manhattan Railway Co.New York Supreme Court · 1891
- Lazarus v. Metropolitan Elevated Railway Co. & Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Shady v.Metropolitan Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1892