Adams v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Action by Sophia W. Adams against the Manhattan Railway Company to enjoin the operation of defendant’s elevated railroad in front of plaintiff’s premises. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtGildersleeve, J.
This action was brought to obtain an injunction against the further maintenance and operation of defendant’s elevated railroad, and also to recover past damages to rental values suffered by the plaintiff by reason of the defendant’s acts. When the action came on for trial, in October, 1893, the defendant admitted an estate in the plaintiff in the premises in question,' and that plaintiff had suffered substantial damage. The usual injunction was thereupon granted, unless defendant condemned the property within nine months. The question of the amount of rental damage was reserved until further…
2Cases cited1 opinion
- Martin v. Manhattan Ry. Co.New York Supreme Court · 1892