Pope v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Manhattan Railway Company and another, 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 10th day of November, 1902, granting a motion to bring in an additional party plaintiff.
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Appeal by the defendants, The Manhattan Railway Company and another, 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 10th day of November, 1902, granting a motion to bring in an additional party plaintiff. The action is the ordinary one in equity for injunction and damages as against the defendants for the operation of their elevated railway in front of plaintiff’s premises, and was originally brought by Josephine L. Peyton, and after her death in 1895 was revived in the name of her executors and…
1Opinion of the Court
O’Brien, J.:
It has been repeatedly held that the Supreme Court has full discretionary power to join consecutive owners in one suit or refuse to do so (Mooney v. N. Y. El. R. R. Co., 163 N. Y. 242), and that the Court of Appeals will not review the exercise of that power by the Supreme Court. (Koehler v. N. Y. El. R. R. Co., 159 N. Y. 218.) This latter case' is also' authority for the proposition that where the present owner is brought in as a plaintiff, the equitable features are preserved, and the suit may thereafter be continued as a suit in equity. Where, however, the present owner is not…
2Cases cited5 opinions
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Mooney v. . N.Y. El. R.R. Co.New York Court of Appeals · 1900
- Lindenheim v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Cameron v. New York Elevated RailroadNew York Supreme Court · 1898
- Cameron v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Cutbill v. ScottAppellate Division of the Supreme Court of the State of New York · 1918
- Dunlop v. Sweet Bros. Paper Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Welde v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Clark v. Flinn & Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Draper v. PrattNew York Supreme Court · 1904
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