Kellinger v. Forty-Second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order sustaining a demurrer to plaintiff’s complaint, and affirming a judgment entered upon such order.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming an order sustaining a demurrer to plaintiff’s complaint, and affirming a judgment entered upon such order. The complaint of the plaintiff alleged in substance that he was the owner of certain premises situate upon Union square, in the city of New York, in front of which defendant had laid and constructed its tracks; that one of the tracks was in such close proximity to the sidewalk, in front of his premises, as to interfere with, impede and prevent his complete enjoyment of the use and…
1Opinion of the Court
Church, Ch. J.
It is not alleged in the complaint that the plaintiff owns the fee of the street in front of his premises, nor that the track of the defendant’s road was unnecessarily or negligently or willfully laid so near the sidewalk as to impair the use of his premises and depreciate its rental value.
We cannot take judicial notice of the width of the street at that point, nor but that the track of the road was laid in the only available space vacant for that purpose. Hor is it alleged that the grade of the street has been changed, or that there is any physical obstruction to free access to…
2Cases cited6 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Penn Central Transportation Co. v. City of New YorkNew York Court of Appeals · 1977
- Selden v. City of JacksonvilleSupreme Court of Florida · 1891
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
39 more not listed; retrieve them via the Exa API.