Hindley v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Manhattan Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of February, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, granting an injunction.
1Opinion of the Court
Hatch, J.:
This is the usual action in equity brought to secure an injunction perpetually enjoining and restraining the defendants from the maintenance and operation of a railroad in front of the plaintiff’s premises on Sixth avenue in the city of New York or in the alternative to have damages assessed. No question is raised respecting the amount of the damages which have been awarded in the judgment. The defendants, however, deny any liability to the plaintiff, under the claim that they have acquired a prescriptive right and title by user for more than twenty years of the plaintiff’s property…
2Cases cited6 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Mayor of New York v. MottNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goldstrom v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Scallon v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Scallon v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906