Otten v. Manhattan Railway Co.
New York Court of Appeals
Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24,1896, which reversed on questions of fact and law a judgment in favor of defendant, entered upon a decision of the Superior Court of the city of New York at Special Term, dismissing the complaint, and granted a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. This court has jurisdiction of the appeal. (Const.
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Appeal from order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24,1896, which reversed on questions of fact and law a judgment in favor of defendant, entered upon a decision of the Superior Court of the city of New York at Special Term, dismissing the complaint, and granted a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. This court has jurisdiction of the appeal. (Const. N. Y. art. 6, § 9; Code Civ. Proc. §§ 190, 1022, 1337; Baldwin's Bank of Penn Yan v. Butler, 133 N. Y. 564; Bohm v. M. E.…
1Opinion of the CourtVann, J.
This is the usual action for an injunction and. damages against an elevated railroad company in the city of New York. The premises in question consist of two lots of' land situated upon the easterly side of Ninth, or Columbus, avenue, each with a frontage of twenty-five and a depth of seventy-four feet. The buildings standing upon these lots are two five-story houses erected in 1887, of the same size and value, each twenty-five by sixty feet and numbered respectively 783 and 785. There are stores on the ground floor, with two suites of five rooms each on the four floors above. The plaintiff…
2Cases cited2 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Otten v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by37 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Spence v. . HamNew York Court of Appeals · 1900
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
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