Gray v. Manhattan Elevated Railway Co.
New York Court of Common Pleas
Appeal from special term. Action by John A. C. Gray against the Manhattan Railway Company, the "Hew York Elevated Railroad Company, and the Metropolitan Elevated Railway Company. Defendants appeal from a judgment for plaintiff entered on trial by the court without a jury.
1Opinion of the CourtPryor, J.
Appeal from a judgment in equity, restraining the maintenance of defendants’ railroad along the highway in front of plaintiff’s premises, situate at the north-east corner of Hinth avenue and Seventy-Seventh ■street, in the city of New York. The action is for injunctive relief only, no claim being made on account of past injuries. The court awarded the injunction, coupled with a condition that it should be inoperative upon payment by defendants of $8,000, as damages to the fee from the maintenance of the railroad. The trial occurred prior to the decision in Newman v. Railway Co., 118 N. Y.…
2Cases cited1 opinion
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
3Cited by4 opinions
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Buek v. Metropolitan Elevated RailwayNew York Supreme Court · 1893
- Rich v. New York Elevated RailroadNew York Court of Common Pleas · 1890
- Sillcocks v. New York El. R.New York Court of Common Pleas · 1892