Shepard v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Augustus D. Shepard, from an order of the Supreme Court, made at the New York Special Term and entered in the office, of the clerk of the county of New York on the 27th day of February, 1902, directing the defendants to pay into court the amount secured to be paid by virtue of a certain judgment rendei’ed against them in favor of the plaintiff, and that plaintiff make conveyance of his interest in the property, and execute certain releases to the…
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Appeal by the plaintiff, Augustus D. Shepard, from an order of the Supreme Court, made at the New York Special Term and entered in the office, of the clerk of the county of New York on the 27th day of February, 1902, directing the defendants to pay into court the amount secured to be paid by virtue of a certain judgment rendei’ed against them in favor of the plaintiff, and that plaintiff make conveyance of his interest in the property, and execute certain releases to the defendants.
1Opinion of the Court
Hatch, J.:
The record in this case discloses a peculiar and novel condition. The plaintiff in the action was the owner of abutting property on the street in which the defendants constructed, maintained and operated their elevated railroad. The plaintiff brought his action to recover damages for the appropriation by the railroad of his property rights in the street and succeeded in recovering therefor, as rental and fee damages, a sum in excess of $100,000. This judgment was carried, through all the courts and was finally affirmed in the Court of Appeals, by which affirmance the defendants were…
2Cases cited4 opinions
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- Shepard v. . Manhattan Railway Co.New York Court of Appeals · 1901
- Shepard v. Metropolitan El. Railway Co.New York Supreme Court · 1894
- Western Union Telegraph Co. v. ShepardAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Drucker v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- House v. Amsdell Brewing & Malting Co.Appellate Division of the Supreme Court of the State of New York · 1909