Witmark v. New York Elevated Railroad
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in-the first judicial department, entered upon orders made February 16, 1894, which modified and, as modified, affirmed judgments in favor of plaintiffs’ intestate entered upon reports of a referee. The original plaintiff, Simon Witmark, died after the appeals were taken to the Court of Appeals, and his administrators were thereupon substituted in his place and stead.
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Appeals from judgments of the General Term of the Supreme Court in-the first judicial department, entered upon orders made February 16, 1894, which modified and, as modified, affirmed judgments in favor of plaintiffs’ intestate entered upon reports of a referee. The original plaintiff, Simon Witmark, died after the appeals were taken to the Court of Appeals, and his administrators were thereupon substituted in his place and stead. The nature of the actions and the facts, so far as material, are stated in the opinion. The plaintiff was not entitled to equitable relief in these actions, for the…
1Opinion of the CourtO’Brien, J.
The record in this case presents appeals from two judgments, each relating to separate property, recovered by the plaintiffs’ intestate against the defendants; The same questions are involved in both .appeals and they may, for convenience, be considered and treated as one. They were the usual actions for injunctions against the operation of the railway and for damages, commenced in September, 1889. The complaint, in substance, avers that the plaintiff was in possession of the property under a lease made in 1869. with covenants of renewal and which was renewed in May, 1881, with the same or…
2Cases cited8 opinions
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Flora v. . CarbeanNew York Court of Appeals · 1868
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
- Saranac & Lake Placid Railroad v. ArnoldNew York Court of Appeals · 1901
- City of Chicago v. BakerCourt of Appeals for the Seventh Circuit · 1898
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
16 more not listed; retrieve them via the Exa API.