Thompson v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the- 25th day of November, 1896, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the- 25th day of November, 1896, upon the decision of the court rendered after a trial at the New York Special Term. This action was brought to enjoin the maintenance and operation of the defendants’ elevated railroad in front of premises to which the original plaintiff, Thompson, held title as trustee, and to recover the damages done to such premises because of 'such maintenance and…
1Opinion of the Court
Patterson, J.:
The premises involved in this action consist of two lots of ground and the buildings thereon erected, which lots have a frontage of fifty-one feet on Third avenue and. a depth of sixty feet, and are known as Nos. 102 and 104 Third avenue, the lot No. 102 being' the corner lot at Thirteenth street. In 1876 the premises belonged to one Ebenezer H. Pray, who died seized of the- same on the eighteenth of May of that year. He left a last will and testament by which he devised to his executors the premises in question upon trusts, as follows, viz.: T.o pay over the net income of No.…
2Cases cited3 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Bach v. New York Elevated Railway Co.New York Supreme Court · 1891