Bergman v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Michael Bergman against the Manhattan Railway Company and the Metropolitan Bail way Company, to enjoin the continuance of defendants’ elevated railroad in front of plaintiff’s-premises on Sixth avenue in the city of New York.
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Appeal from special term. Action by Michael Bergman against the Manhattan Railway Company and the Metropolitan Bail way Company, to enjoin the continuance of defendants’ elevated railroad in front of plaintiff’s-premises on Sixth avenue in the city of New York. Defendants appeal from a judgment for plaintiff, entered on trial by the court without a jury, which restrained defendants from operating their road, unless within a specified time they should pay plaintiff the sum of $5,500, and obtain from him a grant and release of his easement in the street.
1Opinion of the CourtMcAdam, J.
The principles regulating the rights and liabilities of abutting owners with reference to elevated roads have been so often declared that the adjudications have become too familiar to require citation. It is necessary only to refer to the points which it is claimed are not embraced within the general principles decided. At the opening of the trial the defendants insisted that they were entitled to a jury trial by the constitution of the state and the provisions of the Code of Procedure. The claim was overruled, and defendants excepted. The ruling was proper. This court decided in Sears v.…
2Cited by2 opinions
- Mackenzie v. Flannery & Co.Supreme Court of Georgia · 1892
- Renwick v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1891