Paret v. New York El. R.
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Caroline Paret and others against the Hew York Elevated Railroad Company to recover damages to real property, caused by the erection- and maintenance of the railroad. From a judgment for the plaintiffs, entered on the verdict of a jury, and from an order denying defendant’s motion for judgment in its favor on the verdict, defendant appeals.
1Opinion of the CourtGildersleeve, J.
The defendant constructed an elevated railroad in the street in front of premises Ho: 405 Greenwich street, in the city of Hew York, in 1870; and soon after it commenced the operation of said road, which has ever since continued. The plaintiffs here seek to recover damages to the-premises in question, caused by the maintenance and occupation of said elevated railroad. Hester Paret, the mother of the plaintiffs, held the premises-as life tenant until December 20, 1882, when she died. It will be assumed that the plaintiffs owned the fee to the premises during the life tenancy of Hester Paret.…
2Cases cited5 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Tallman v. Metropolitan Elevated R. Co.New York Court of Appeals · 1890
- Howe v. PeckhamNew York Supreme Court · 1851
- Dempsey v. Mayor of New YorkNew York Court of Common Pleas · 1882