Herman 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 of the county of New York on the 29th day of June, 1900, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought by the owner of a leasehold estate to enjoin and restrain the defendants from maintaining and operating their elevated railroad in. front of plaintiff’s premises, and for damages sustained prior to the commencement of the action for such maintenance and operation. The plaintiff had a judgment and the defendants have appealed.
We think the judgment should be reversed. The action is the usual one in equity to restrain the operation Of the defendants’ railroad and to recover damages sustained prior to the commencement of the action by reason thereof. .The…
2Cases cited4 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Sperb v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
3Cited by1 opinion
- Panama Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913