Domschke v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by John E. Domschke against the Metropolitan Elevated Railway Company and the Manhattan Railway Company. From a judgment in favor of plaintiff, defendants appeal. From May 1, 1884, to January 16, 1893, the plaintiff was the owner in fee of Nos. 1116 and 1168 Second avenue, between Sixty-Fust and Sixty-Second streets.
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Appeal from judgment on report of referee. Action by John E. Domschke against the Metropolitan Elevated Railway Company and the Manhattan Railway Company. From a judgment in favor of plaintiff, defendants appeal. From May 1, 1884, to January 16, 1893, the plaintiff was the owner in fee of Nos. 1116 and 1168 Second avenue, between Sixty-Fust and Sixty-Second streets. In 1879, the Metropolitan Elevated Railway Company began, and in 1880 completed, an elevated railroad in said avenue, which the Manhattan Railway Company has, since its completion, operated under a lease from the first-mentioned…
1Opinion of the CourtFollett, J.
On the 16th of January, 1893, and before the case was decided, the plaintiff conveyed the fee of the premises to Max Frankenheim, by a warranty deed containing the following clause:
“The party of the first part, however, reserves any right of action which he has, or may have, against the elevated railroad, by reason of its structure in front of the above-described premises, up to the date hereof; but this shall not be construed as in any manner giving the party of the first part the right to convey any easement in or to said premises.”
February 7, 1893, the defendants learned of the conveyance,…
2Cases cited4 opinions
- Gray v. . BartonNew York Court of Appeals · 1873
- Van Allen v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Corser v. RussellNew York Supreme Court · 1887
- Renwick v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1891
3Cited by5 opinions
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1903
- Bonwell v. AuldNew York Court of Common Pleas · 1894
- Cameron v. New York Elevated RailroadNew York Supreme Court · 1898
- Saxton v. New York Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Domschke v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894