McGean v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made-June 1, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the.court on trial at Special Term.. This action was'brought to restrain the maintenance and operation of defendants’ elevated railroad in front of plaintiff’s-premises in Division street in the city of New York, and to-recover damages for injuries sustained.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made-June 1, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the.court on trial at Special Term.. This action was'brought to restrain the maintenance and operation of defendants’ elevated railroad in front of plaintiff’s-premises in Division street in the city of New York, and to-recover damages for injuries sustained. The facts, so far as material, are stated in the opinion. The plaintiff did not have at the time of trial such an interest in lands as…
1Opinion of the CourtMaynard, J.
This action was brought June 19,1889. The judgment appealed from restrains the defendants, from maintaining an elevated railway structure on, or in front of plaintiff’s premises, known as Bo. 15jj- Division street in the city of Bew York. The injunction is not to be' operative if the defendants shall, within one month, elect to pay plaintiff the sum of $1,500 as and for the permanent damages to the fee of the premises sustained by him in consequence of the appropriation by the defendants of the use of the street for such a purpose. Upon payment or tender of such sum the plaintiff is required…
2Cases cited1 opinion
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
3Cited by38 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Frank v. . DavisNew York Court of Appeals · 1892
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
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