Mooney v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of November, 1896, granting the plaintiff’s motion to join David Cohen and Francis Scallion as parties defendant in the action, and granting the plaintiff leave to make and serve a supplemental summons and eompláint.
1Opinion of the Court
O’Brien, J.:
This action was begun on the 1st day of December, 1890, to secure an injunction and damages on account of the construction, maintenance and operation of the defendants’ elevated railroad in front of premises which, at the date of the commencement of the action, the plaintiff alleged belonged to him. This allegation of ownership was put in issue by the answer. This is the third time that the question of Cohen and Scallion being made parties to the action has been before this court. The first time was upon the defendant’s appeal from final judgment. It then appeared that subsequent…
2Cases cited8 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- Foote v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Shepard v. Metropolitan El. Railway Co.New York Supreme Court · 1894
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3Cited by2 opinions
- Hutton v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Stokes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900