Burke 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 others, from a judgment of the Supreme Court in favor of the - plaintiff, entered in the offipe of the clerk of the county of Mew York on the 28th day of May, 190,6^ upon the decision of the court rendered after a trial at the Mew York Special Term..
1Opinion of the Court
Ingraham, J.:
The action was' brought .to restrain the maintenance and operation Of the elevated railr.oad structure in. front of the property. Mo. 203 Third avenue. The elevated railroad was constructed and the operation of the road commenced in August,. 1878. This action . was commenced ■ on July 28, 1902, over twenty years after the. construction and operation óf the railroad. ■ ■
The property in question.was in 'the year 1844 owned hy Peter Gerard Stuyvesant who on August 1,. 1844, leased it to one John Pickersgill for the term of twenty-one years, with a covenant for a ■ renewal. On June…
2Cases cited4 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- Goldstrom v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Humpfner v. BeersAppellate Division of the Supreme Court of the State of New York · 1916