Muller 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 a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk óf the county of New York on" the 6tli day of March, 1907, upon the decision of the court, rendered after "a-trial at the New York Special Term, granting an injunction alternative upon the payment of the damages caused by the defendants’ elevated railroad to plaintiff’s premises, Ro. 849 Third avenue.
1Opinion of the Court
Clakke, J.:
This action was commenced on the 21st day of February, 1899. The operation of the road opposite the premises 'in question was begun on the 3'0th day of December, 1878. Plaintiff acquired title on June 8,1891, by a referee’s deed in an action in partition entitled “ Joseph Dang against Caroline Andre and others.” In April, 1868, John Lang acquired title to the premises in suit, and died January *29730, 1875, leaving a will by which he devised the premises to liis widow, to be used and enjoyed by her "during the term of her natural life or widowhood, and from and immediately after her…
2Cases cited8 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Howell v. . LeavittNew York Court of Appeals · 1884
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Acker v. . AckerNew York Court of Appeals · 1880
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3Cited by4 opinions
- Schwartz v. Macrose Lumber & Trim Co.New York Supreme Court · 1966
- Trippe v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1962
- Graham v. GrahamNew York Supreme Court · 1965
- Kane v. Sloyer Forman, Inc.City of New York Municipal Court · 1953