Wallach v. Manhattan Railroad
New York Court of Common Pleas
Action by Samson Wallach against the Manhattan Railroad Company and another. Plaintiff moves for leave to bring in additional parties plaintiff. Denied.
1Opinion of the CourtPryor, J.
In 1889 the plaintiff, Wallach, instituted an action in equity to restrain the maintenance and operation of defendants^ railway upon the street in front of property of which he was then owner, and for damages as incidental relief. In 1891 and 1892 he conveyed the property to the persons whom he now asks to have joined with himself as parties plaintiff. He moves upon the ground that, because of a reservation bv him of “all damages and claims for damages” from injury to the property, there,is such a community or devolution of interest between himself and his grantees that they should properly…
2Cases cited8 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
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