McKenna v. Brooklyn Union Elevated Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme • Court in the second judicial department, entered June 17, 1904, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The facts in this case are undisputed.
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Appeal from an order of the Appellate Division of the Supreme • Court in the second judicial department, entered June 17, 1904, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The facts in this case are undisputed. They are all set forth in the complaint, and those which are material to this appeal are substantially as follows: Sometime prior to September 19, 1900, the defendant the Brooklyn Union Elevated Railroad Company built an elevated railroad structure on Myrtle avenue in the borough…
1Opinion of the CourtWerner, J.
A very brief statement of a few .pertinent legal principles will suffice to dispose of the case at bar. 1. Easements of light, air and access, appurtenant to real property abutting upon a public street or highway, are inseparable from the dominant estate, and upon a conveyance of the latter such easements pass to the grantee, notwithstanding the grantor’s attempted reservation of the same, or of any rights of action for the invasion or destruction thereof. (Pappen heim v. Metr. E. R. Co., 128 N. Y. 436; Kernochan v. N. Y. El. R. R. Co., Id. 559; Pegram v. N. Y. El. R. R Co., 147 id. 135;…
2Cases cited1 opinion
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
3Cited by21 opinions
- Schomacker v. . MichaelsNew York Court of Appeals · 1907
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
- In re the City of New YorkNew York Supreme Court · 1926
- Matter of City of New YorkNew York Court of Appeals · 1908
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1915
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