Shepard v. Metropolitan El. Railway Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Augustus D. Shepard against the Metropolitan Elevated Railway Company and the Manhattan Railway Company and another. From an order denying on its merits the prayer of a petition of the Western Union Telegraph Company to be made a party to the action, said telegraph company appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to obtain an injunction restraining the defendants from the further maintenance and operation of the defendants’ elevated railway in front of premises on Trinity Place, together with damages for the maintenance and operation of said railroad in the past. The plaintiff acquired his title to the premises on or about the 29th of March, 1889, by a deed which contains these words:
“Damages to said premises arising by reason of the elevated railroad as now constructed and operated in front of said premises have been reserved to the Western Union Telegraph Company, a former…
2Cases cited2 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
3Cited by7 opinions
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- Stokes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Western Union Telegraph Co. v. ShepardAppellate Division of the Supreme Court of the State of New York · 1900
- Mooney v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Shepard v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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