Patten v. N. Y. Elevated Railroad
New York Court of Common Pleas
I. Preliminary injunction. John Patten brought this action against the New York Elevated Railroad Company, in the city of New York, to restrain them from entering upon the west side of Greenwich street, in front of his premises, for the purpose of moving the pavement or soil, or building their railway or switch therein, or in any wise incumbering the use of the street; and for damages for acts of this nature already committed.
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I. Preliminary injunction. John Patten brought this action against the New York Elevated Railroad Company, in the city of New York, to restrain them from entering upon the west side of Greenwich street, in front of his premises, for the purpose of moving the pavement or soil, or building their railway or switch therein, or in any wise incumbering the use of the street; and for damages for acts of this nature already committed. Plaintiffs complaint alleged that he was owner in fee of the buildings and premises, Nos. 170, 172 and 174 Greenwich street, on the westerly side of the street, between…
1Opinion of the Court
Daly, Ch. J.
The plaintiff is the owner of the building 170, 172 and 174 Greenwich street, known as the Pacific Hotel. The defendants are engaged in constructing "a tunnel for their elevated railroad within eleven feet of the plaintiff’s building, which is on the western side of Greenwich street, and for that purpose have dug below the surface of the street and broken into a vault beneath the sidewalk, and connected with the plaintiff’s building. The application is to restrain them by injunction from doing so, and the question is whether they have any legal right to build their structure in…
2Cases cited26 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Matter of LowNew York Court of Appeals · 1922
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Appleton v. City of New YorkNew York Supreme Court · 1913
- Kingsland v. Mayor of New YorkNew York Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.