Muhlker v. New York & Harlem Railroad
Supreme Court of the United States
ERROR, TO THE SUPREME COURT OE THE STATE OF NEW YORK. Plaintiff sues to enjoin the use of a certain elevated railroad structure on Park avenue, in the city of New York, in front of his premises, unless upon payment of the fee value of certain easements of light, air and access and other fights appurtenant to his premises. lie also prays damages for injury sustained from the year 1890 to-time of trial.
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ERROR, TO THE SUPREME COURT OE THE STATE OF NEW YORK. Plaintiff sues to enjoin the use of a certain elevated railroad structure on Park avenue, in the city of New York, in front of his premises, unless upon payment of the fee value of certain easements of light, air and access and other fights appurtenant to his premises. lie also prays damages for injury sustained from the year 1890 to-time of trial. From the evidence in the case the Supreme Court found that the plaintiff had been since 1888 the owner of a lot of land on the northwesterly corner of Park avenue and One Hundred and Fifteenth…
1Judgment of the CourtJustice McKenna
As we have observed, the Supreme Court followed Lewis v. New York & Harlem Railroad, 162 N. Y. 202, botín in the “form of decision and judgment” and “the legal principles involved.” Discussion was not considered necessary. The Appellate Division affirmed the judgment on the authority of the same case and other cases which had been ruled by it. *561The court, by brief expression, pointed out the identity of the cases and disposed of the defense made by the railroad companies of adverse possession as follows:
“The question of defendants having acquired title by adverse possession was considered by…
2Cases cited7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Barney v. KeokukSupreme Court of the United States · 1877
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Ross v. OregonSupreme Court of the United States · 1913
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Reichelderfer v. QuinnSupreme Court of the United States · 1932
92 more not listed; retrieve them via the Exa API.