Legal Opinion

Rauth v. New York Elevated Railroad

The Superior Court of the City of New York and Buffalo

Decided April 5, 1893PublishedCited by 6 opinions

Action by Bertha Bauth against the New York Elevated Bail-road Company and another to restrain defendants from maintaining and operating an elevated railroad in front of plaintiff’s premises. Defendants move to amend the judgment.

1Opinion of the CourtGildebsleeye, J.

The judgment directs that defendants should tender to plaintiff, within 60 days, the sum of 6 cents, and interest, in avoidance of an injunction restraining defendants from maintaining and operating their elevated railroad in front of plaintiff’s premises. The time in which the tender was directed to be made was extended by order, and it expires on April 7th. The defendants have been unable to find the plaintiff, after diligent search, and now ask leave to pay the money into court, instead óf tendering it directly to the plaintiff. The plaintiff’s counsel object on the. ground that granting…

2Cases cited8 opinions

  1. Hatch v. . Central National BankNew York Court of Appeals · 1879
  2. The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
  3. Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
  4. Hogan v. . HoytNew York Court of Appeals · 1867
  5. Calmbacher v. NeumanThe Superior Court of the City of New York and Buffalo · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Tyler v. SheaNorth Dakota Supreme Court · 1894
  2. Detroit Fidelity & Surety Co. v. KittelAppellate Division of the Supreme Court of the State of New York · 1930
  3. Altenau v. MastersonNew York City Court · 1936
  4. Woolley v. City of LouisvilleCourt of Appeals of Kentucky · 1904
  5. Groge v. RuffAppellate Division of the Supreme Court of the State of New York · 1908

1 more not listed; retrieve them via the Exa API.

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