Hirsh v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of September, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, restraining the defendant from maintaining and operating an elevated railroad in front of the plaintiff’s property unless within a certain time it pays the plaintiff certain…
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Appeal by the defendant, the Manhattan Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of September, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, restraining the defendant from maintaining and operating an elevated railroad in front of the plaintiff’s property unless within a certain time it pays the plaintiff certain damages.
1Opinion of the Court
Hatch, J.:
This is an appeal by the defendant from a judgment enjoining it from further maintaining and operating its elevated railroad in front of plaintiff’s property, No. 1325 Third avenue in the city of New York, unless within a certain time it pays to plaintiff the sum of $2,000 and interest from October 15, 1901, the date of the trial, as compensation for fee damages, and also the sum of $2,013.46 for-past rental damages from August 2, 1889 (a date six years prior to the commencement of this action), to the date of the trial, being at the rate of about $165 per year, which, together with…
2Cases cited5 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Porter v. . KingsburyNew York Court of Appeals · 1879
- Hunter v. Manhattan Railway Co.New York Court of Appeals · 1894
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Louis R. Shapiro, Inc. v. Milspemes Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Gentilala v. Fay Taxicabs, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Kevorkian v. HarringtonNew York Supreme Court · 1993
- Cohen v. FarberAppellate Division of the Supreme Court of the State of New York · 1978
- Hochstein v. James W. Hill Co.City of New York Municipal Court · 1915
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