Williams v. Brooklyn Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action Avas brought to recover damages to plaintiff’s premises in Brooklyn, caused by the erection and operation of defendant’s elevated railroad upon the street in front of them.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action Avas brought to recover damages to plaintiff’s premises in Brooklyn, caused by the erection and operation of defendant’s elevated railroad upon the street in front of them. The facts, so far as material, are stated in the opinion. Permitting the reading of the article from the newspaper was error and sufficient ground…
1Opinion of the CourtAndrews, J.
The Story case and those which have followed it have settled the doctrine that the placing of an elevated railroad structure in a city street is inconsistent .with its character as an open public street, and in the absence of the consent of the abutting owners to the erection, violates their rights as such, notwithstanding the title to the soil of the way is in the municipality and although the railroad company in erecting the structure acted under both legislative and municipal authority. In view of these decisions the contention .of the counsel for the defendant that he was entitled to go…
2Cases cited2 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Rolfe v. Inhabitants of RumfordSupreme Judicial Court of Maine · 1877
3Cited by11 opinions
- People v. . DoodyNew York Court of Appeals · 1902
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- State v. FitzgeraldSupreme Court of Missouri · 1895
- Keep v. National Tube Co.U.S. Circuit Court for the District of New Jersey · 1907
- Blackman v. West Jersey & Seashore RailroadSupreme Court of New Jersey · 1902
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