Legal Opinion
Muller v. Manhattan Railway Co.
New York Supreme Court
Decided February 15, 1907PublishedCited by 2 opinions
The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
This action was brought to restrain the defendants from maintaining or operating their elevated railroad in front of the plaintiff’s premises, situate at No. 849 Third avenue, in the borough of Manhattan, New York city, and for fee and rental damages. The complaint-is in the usual form in such cases and the answer, among other things, sets up a prescriptive right to maintain and operate their railroad in front of the premises in suit by reason of an open, continuous and hostile occupation as against the plaintiff and his predecessors in title for a period of more than twenty years before the…
2Cases cited13 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
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3Cited by2 opinions
- Gates v. Colfax Northern Railway Co.Supreme Court of Iowa · 1916
- Goggin v. Manhattan Railway Co. & Interborough Rapid Transit Co.New York Supreme Court · 1907