Hindley v. Metropolitan Elevated Railway Co.
New York Supreme Court
Abutter’s action for past damages and for an injunction restraining the maintenance and operation of the defendant’s railway opposite the plaintiff’s premises.
1Opinion of the CourtBischofe, J.
The questions involved in this case, so far as they require critical consideration, relate to whether the defendants, by the construction of their railway in front of the plaintiff’s premises in the year 1879, or prior thereto, and by the maintenance of such structure and the operation of trains thereon continuously during a period of more than twenty years preceding the commencement of this action, have acquired a prescriptive right as against this plaintiff, and without liability to him at law or in equity, to maintain such railway and operate the same in perpetuity so far as he is…
2Cases cited17 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Burbank v. . FayNew York Court of Appeals · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Hindley v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Coatsworth v. Lehigh Valley Railway Co.New York Supreme Court · 1911