Scallon v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendants, The Manhattan Bailway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 5th day of July, 1905, upon the decision of the court rendered after a trial at the Mew York Special Term.
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Appeal "by the defendants, The Manhattan Bailway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Mew York on the 5th day of July, 1905, upon the decision of the court rendered after a trial at the Mew York Special Term. This action was commenced on the 4th day of October, 1902, for the taking of easements of light, air, access, etc., by the defendants through the maintenance of elevated' railroad tracks on Second avenue in Mew York city. The plaintiffs recovered a judgment awarding an injunction or…
1Opinion of the Court
Patterson, J.:
It is urged by the appellants that what was decided by this court in Hindley v. Manhattan Railway Co. (103 App. Div. 504), while it is controlling in the case of Wohlers v. Manhattan R. Co. (112 App. Div. 911), does not apply to this case. That is a misapprehension of counsel. The Hindley case is directly in point and for the reasons stated in the opinion of Mr. Justice Hatch therein, we conclude that thé Statute of Limitations does not bar the plaintiffs’ right to relief. "We have carefully "examined the record with reférence to the awards of fee and rental value and find that…
2Cases cited1 opinion
- Hindley v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905