Skelly v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 7th day of May, 1895, upon the decision of the court rendered after a trial at an equity term of said court.
1Opinion of the Court
Van Brunt, P. J.:
This is an action brought for an injunction against the operation and maintenance of the elevated railway in front of the premises-known as No. 1222 Second avenue, and the premises in the rear thereof, and for rental damage to said premises.
The objection was taken upon the trial, and also by the exceptions filed to the decision of the court, to the right of the plaintiff to recover upon the ground that he had proved no title to the premises, to which the easements alleged to have been taken by the-appellants were adjacent, prior to the year 1889, the appellants’ road having…
2Cases cited3 opinions
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Mitchell v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Mitchell v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
3Cited by1 opinion
- Zeiger v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1938