Foote v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a final judgment in favor of plaintiff entered upon a report of referees pursuant to an interlocutory judgment of Special Term which, among other provisions, directed a reference of the question of mesne damages.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a final judgment in favor of plaintiff entered upon a report of referees pursuant to an interlocutory judgment of Special Term which, among other provisions, directed a reference of the question of mesne damages. This action was brought to restrain the operation and maintenance of defendant’s elevated railroad in front of plaintiff’s premises, and to recover the damages caused thereby. The facts, so far as material, are stated in the…
1Opinion of the Court
Gbay, J.. The plaintiff, owning property abutting on West 53d street, in the city of New York, recovered an interlocutory judgment against the defendants; which enjoined them from' maintaining and operating their elevated railway in front of his premises, unless they acquired title to the street easements by condemnation proceedings. In proceedings following the decree, the mesne and fee damages were ascertained, and, upon this appeal from the interlocutory and final judgments in the action, the defendants make the point that there had been an abandonment and an extinguishment of the…
2Cases cited7 opinions
- Snell v. . LevittNew York Court of Appeals · 1888
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Corning v. GouldNew York Supreme Court · 1837
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Ward v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1897
- Shepard v. . Manhattan Railway Co.New York Court of Appeals · 1901
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Conabeer v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
13 more not listed; retrieve them via the Exa API.