Dean v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made May 9, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made May 9, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial judge erred in refusing to dismiss the complaint, because the plaintiff was never in possession of the premises in question. (Webb v. Odell, 49 N. Y. 585 ; Cook v. Whipple., 55 id. 157 ; Winslow v. Bliss, 3 Pans. 223;…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action for, and recovered a verdict of $2,205 damages against the defendant by reason of the unlawful construction and maintenance, of its railroad structure in front of his premises in West Third street in the city of blew York. The defendant admits that the damages awarded are not excessive, and that there is no reason for disturbing the verdict, providing the plaintiff has shown such title to and possession of the premises as enables him to bring and maintain the action. It is contended by the defendant that, upon the proofs given at the trial, the plaintiff had…
2Cases cited11 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Bertles v. . NunanNew York Court of Appeals · 1883
- Munoz v. . WilsonNew York Court of Appeals · 1888
- White v. . WagerNew York Court of Appeals · 1862
- Shepard v. ShepardNew York Court of Chancery · 1823
6 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Psota v. Long Island R.R. Co.New York Court of Appeals · 1927
- Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899
- Poole v. First Nat. Bank of SmyrnaCourt of Appeals of Tennessee · 1946
- Moore v. First Nat. Bank of Iowa CitySupreme Court of Oklahoma · 1912
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
54 more not listed; retrieve them via the Exa API.