Mattlage v. New York El. R.
New York Court of Common Pleas
Appeal from special term. Action by Charles F. Mattlage against the New York Elevated Railroad Company and the Manhattan Railway Company to enjoin defendants from maintaining and operating their elevated railway in the street .in front of and contiguous to plaintiff’s premises, defendants not having acquired the right to maintain their railway either by purchase or by the exercise of the power of eminent domain.
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Appeal from special term. Action by Charles F. Mattlage against the New York Elevated Railroad Company and the Manhattan Railway Company to enjoin defendants from maintaining and operating their elevated railway in the street .in front of and contiguous to plaintiff’s premises, defendants not having acquired the right to maintain their railway either by purchase or by the exercise of the power of eminent domain. From a, judgment denying injunctiverelief, and yet awarding to plaintiff nominal damages and costs, plaintiff appeals. Reversed.
1Opinion of the CourtBischoff, J.
The premises involved are situated on the corner formed by the intersection of the westerly side of Greenwich street with the southerly side of Warren street, in the city of New York, being 26 feet and 6 inches in front on Greenwich street; and the action was brought to enjoin the maintenance and operation of the defendants’ elevated railway in Greenwich street in front of the premises, as well as the maintenance of their station extending partly on Greenwich street and partly on Warren street. Upon the trial, however, the plaintiff disclaimed all contention with regard to the station.
The…
2Cases cited21 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Head v. HargraveSupreme Court of the United States · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
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3Cited by2 opinions
- In re MayorNew York Supreme Court · 1905
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937