Leffmann v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the, defendant, The Long Island Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of November, 1905, upon, the decision of the court, rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Miller, J.:
The plaintiff is the owner of premises situate on the southeast corner of Ralph and Atlantic avenues, borough of Brooklyn, and seeks to restrain the' maintenance by the defendant of its viaduct structure on Atlantic avenue in front of her premises, and the running of its trains thereon. The case turns on the' defendant’s right to use the so-called thirty-foot strip in the center of Atlantic avenue. If it had, as against the plaintiff, a prescriptive right only, it could not change from the surface to an elevated structure without compensating the plaintiff for the added…
2Cases cited12 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
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3Cited by8 opinions
- N.Y.C.R.R. Co. v. . MaloneyNew York Court of Appeals · 1922
- Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
- People ex rel. Long Island Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1912
- New York Central Railroad v. MaloneyNew York Court of Appeals · 1922
- Scheer v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3 more not listed; retrieve them via the Exa API.