Scholle v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by William Scholle and another against the Metropolitan Elevated Railway Company and another for obstructing plaintiffs’ right to light and air in the use of certain property. From an order directing grantees of the property pendente lite to be made co-plaintiffs, defendants appeal.
1Opinion of the CourtHatch, J.
This action was commenced on January 14, 1892, by William Scholle, Jacob Scholle, and Martin Herman, who alleged ownership in common of abutting property, against the elevated railroad companies, for an injunction and damages. On February 24, 1894, the premises were sold to W. H. H. Hull and K. Eugene Bunnell. On July 10, 1900, an action was brought in this court by said Hull and Bunnell against the Manhattan Bailway Company for an injunction and damages with respect to the same property, which action is now at issue and upon the calendar for trial. In September, 1900, a motion was made to…
2Cases cited3 opinions
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900