New York Elevated Railroad v. Fifth National Bank
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action brought March 5,1880, by a national bank against an elevated railroad company to recover damages for the construction of the defendant’s track and station-house in front of the plaintiff’s banking-house at the southwesterly corner of Third Avenue and Twenty-third Street in the city of New York.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an action brought March 5,1880, by a national bank against an elevated railroad company to recover damages for the construction of the defendant’s track and station-house in front of the plaintiff’s banking-house at the southwesterly corner of Third Avenue and Twenty-third Street in the city of New York. The complaint claimed damages for the interference with the use, enjoyment- and value of the plaintiff’s building, ana the obstruction of light and air, by the construction of the defendant’s track…
1Opinion of the Court
Me. Justice Gray,
after stating the case as above, delivered
the opinion of the court.
The law of the State of New York, as declared by the Court of Appeals, appears to be as follows: An elevated railroad erected in and over a street pursuant to the statutes of the State, and with due compensation to the owners of property taken for the purpose, is a lawful structure. The owners of lands abutting on a street in the city of New York have an easement of way, and of light and air, over it; and, through a bill in equity for an injunction, may recover of the elevated railroad company full…
2Cases cited8 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Koenigsberger v. Richmond Silver Mining Co.Supreme Court of the United States · 1895
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Oklahoma City v. EylarSupreme Court of Oklahoma · 1936
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