Smyth v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Union 'Elevated R'ail-road Company and another, from a judgment of the Supreme Court'' in favor of the plaintiff, entered in the office of- the clerk of the county of Kings-tin the- 18th day of January, 1907,-upon the decision of the court rendered after, a trial at the. Kings- County Special Term. . •
1Opinion of the Court
Miller, J.:
This is an action in equity to enjoin the maintenance and operation of an elevated railroad in front of the plaintiff’s property. The plaintiff, who owns the fee to the center of the street, derived title from the Brooklyn City Railroad Company. The latter on J une' 3, 1893, gave to the ¡Kings County Elevated Railway Company, the defendants’ predecessor, a written consent, which, after reciting that said Kings County Elevated Railway Company then maintained and operated its elevated road in .front of said premises and that said Brooklyn City Railroad Company had agreed that the…
2Cases cited3 opinions
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Herzog v. New York Elevated Railway Co.New York Supreme Court · 1894
- Herzog v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1897
3Cited by2 opinions
- Wash-O-Matic Laundry Co. v. 621 Lefferts Avenue Corp.New York Supreme Court · 1948
- Carswell v. Hudson Valley Railway Co.New York Supreme Court · 1910