Duncan v. Nassau Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Nassau Electric Eailroad 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 Kings on the 24th day of - May, 1907, upon the report of a referee.
1Opinion of the Court
Miller, J.:
The plaintiff, who owns the. premises No. 885 Union street, borough of Brooklyn, has recovered a judgment restraining the defendants from maintaining or operating a street surface electric railroad in front thereof unless they pay the sum of $5,000, and awarding him the sum of $2,333.33 damages for past trespasses. The plaintiff owns the fee to the center of the street, and his jiremises have a- frontage on the street of twenty-one feet. Of course no street- surface railroad could pay at that rate for its right of way. That is not a reason for reversing the judgment, but it invites…
2Cases cited6 opinions
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Adee v. . Nassau Electric Railroad CompanyNew York Court of Appeals · 1904
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by4 opinions
- In re City of New YorkNew York Supreme Court · 1948
- Ascher v. South Shore Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Duncan v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Duncan v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909