Smyth v. Brooklyn Union Elevated Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term which granted a conditional in junction against the maintenance of the defendants’ railroad structure in front of plaintiff’s premises and awarding to the plaintiff $1,400 damages.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 1, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on tidal at Special Term which granted a conditional in junction against the maintenance of the defendants’ railroad structure in front of plaintiff’s premises and awarding to the plaintiff $1,400 damages. The nature of the action and the facts, so far as material, are stated in the opinion. The consent is a complete bar to this action. (White v. M. R. Co., 139 N. Y. 19; Foote v. El. R.…
1Opinion of the CourtWillard Bartlett, J.
This is the familiar suit of a property owner for a conditional injunction against the maintenance of an elevated railroad and for damages incurred by reason of its past maintenance and operation. Two pieces of property are involved. As to one of them the plaintiff’s right.to recover was undisputed and it was conceded that he was entitled to an award of $1,000 on account of the damage to that piece. As to the other, however, the defendants relied upon a written instrument executed by the plaintiff’s predecessors in title as a bar to the action ; and the determination of the present appeal…
2Cases cited1 opinion
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
3Cited by6 opinions
- In Re the Accounting of ThompsonNew York Court of Appeals · 1916
- Carswell v. Hudson Valley Railway Co.New York Supreme Court · 1910
- Rochester Poster Advertising Co. v. SmithersNew York Supreme Court · 1927
- Union Railway Co. v. . City of New YorkNew York Court of Appeals · 1924
- In re the Accounting of ThompsonNew York Surrogate's Court · 1916
1 more not listed; retrieve them via the Exa API.