Israel v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hyman Israel, and by Elizabeth M. Anderson, the petitioner herein, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of June, 1900, denying a motion to join Elizabeth M. Anderson as a party plaintiff in the action and for leave to serve a supplemental complaint.
1Opinion of the Court
Rumsey, J.:
This is the usual action against an elevated railroad company for injunction and damages. Israel, the plaintiff, was the owner of the premises on the 24th of April, 1891, when he brought this action. The answer was served on the 5th of May, 1891; the case was tried in October, 1892; the complaint was dismissed and the judgment dismissing the complaint was affirmed by the General Term of the Court of Common Pleas in January, 1895 ; an appeal was taken to the Court of Appeals where on the 18th of April, 1899, the judgment was reversed and a new trial granted, with costs. The new…
2Cases cited3 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Saxton v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Van Der Veer v. Union Trust Co.Indiana Court of Appeals · 1920