Waldmuller v. Brooklyn Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John P. Waldmuller and another, front a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 29th day of June, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hatch, J.:
The plaintiffs are owners of certain premises on Orescent avenue in the' borough of Brooklyn, such premises being occupied by a' three-story building used for business purposes on the ground floor, and as an apartment house above. In 1893 the Seaside and Brooklyn Bridge Elevated Railroad Company (the defendant the Brooklyn Elevated Railroad Company being the lessee) constructed a line of railroad terminating at or near these premises, without having secured the consent of the plaintiffs, and subsequently erected a. station, with a house for the accommodation of trainmen, and other…
2Cases cited4 opinions
- Mahady v. . Bushwick Railroad Co.New York Court of Appeals · 1883
- Adler v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Black v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898