Auchincloss v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry B. Auchinclóss, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 3d day of March, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Ingraham, J.:
This action was brought to restrain the defendants from operating an elevated railroad on Ninth or Columbus avenue, between Seventy-eighth and Seventyminth streets in the city of New York. Two causes of action are set out in the complaint, the first to restrain' the operation of the elevated railroad as it existed at the time of the commencement of the action, namely, December 22, 1891, and the second to restrain the defendants from constructing upon the elevated railroad structure what is called a third track, which was then in course of construction: The learned trial judge…
2Cases cited3 opinions
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
3Cited by6 opinions
- Knoth v. Manhattan Railway Co.New York Court of Appeals · 1907
- Rothschild v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Knoth v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Interborough Rapid Transit Co. v. City of New YorkNew York Supreme Court · 1916
- Knoth v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
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