Betjemann v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Union Elevated Railroad 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 Kings on the 9th day of December, 1907, upon the decision of the court, rendered after a trial at the Kings County Special Term, enjoining the defendants from maintaining and operating a certain elevated railroad structure along the side of the plaintiff’s premises, unless a…
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Appeal by the defendants, The Brooklyn Union Elevated Railroad 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 Kings on the 9th day of December, 1907, upon the decision of the court, rendered after a trial at the Kings County Special Term, enjoining the defendants from maintaining and operating a certain elevated railroad structure along the side of the plaintiff’s premises, unless a certain sum be paid the plaintiff in lieu thereof.
1Opinion of the Court
Hooker, J.:
This action is by an abutter for an injunction restraining the operation of the defendants’ elevated railroad and for damages occasioned by its construction and maintenance. The plaintiff proved title and damages. The defendants then showed that, more than twenty years prior to the commencement of the action the defendants entered upon the street under a charter from the rapid transit commission and under the acts of the Legislature and of the municipality of the former city of Brooklyn. This raised the presumption that defendants’ predecessors entered lawfully under a deed which…
2Cases cited4 opinions
- Colvin v. BurnetNew York Supreme Court · 1837
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Kellum v. Mission of Immaculate Virgin for the Protection of Homeless and Destitute ChildrenAppellate Division of the Supreme Court of the State of New York · 1903