Storck v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of February, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain defendants from running their elevated railroad in front of plaintiff’s premises on Second avenue in the city of New York, and for damages.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made the first Monday of February, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain defendants from running their elevated railroad in front of plaintiff’s premises on Second avenue in the city of New York, and for damages. The facts, so far as material, are stated in the opinion. The learned trial judge -decided the case upon an erroneous theory, by endeavoring to ascertain how…
1Opinion of the CourtGray, J.
The judgment, which the plaintiff recovered against the defendants, enjoined the maintenance and operation of their railway and station in front of his premises, unless within a certain time they should pay a certain sum, found to be the value of plaintiff’s easements, in exchange for a conveyance of the property. It also awarded a sum for damages sustained in the past. Upon the hearing of this appeal the appellant corporations have strenuously contended that the case was decided upon an erroneous theory, which overlooked the fact of benefits derived, and charged the defendants with…
2Cases cited1 opinion
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
3Cited by8 opinions
- Bookman v. New York Elevated RailroadNew York Court of Appeals · 1895
- Roberts v. . New York Elevated R.R. Co.New York Court of Appeals · 1898
- Struthers v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
- Rothman v. Interborough Rapid Transit Co.New York Supreme Court · 1910
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