Steinmetz v. Metropolitan El. Ry. Co.

Larremore, R.

This is an action for an injunction against the maintenance- and operation of defendants’ elevated railway, and incidentally demanding* past damages. The premises in question are situated on the east side of' Ninth avenue, between 103d and 104th streets, comprehending the whole-block, except the lot and building on the south-east corner of 104th street-, and Ninth avenue. The plaintiff has rested her case, and defendants move for a dismissal of the complaint. I am of opinion that such motion must be granted, under the authority of Bohm v. Railway Co. and Somers v. Same (N. Y.…