Adler v. Metropolitan El. Ry. Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Leopold Adler against the Metropolitan Elevated Bail way Company and others. A judgment was entered awarding the plaintiff $1,250-damages, and restraining the defendants from the further operation of their road in front of the plaintiff’s premises No. 132 First avenue, unless within a time fixed by the decree they pay to the plaintiff the sum of $5,000, adjudged to be the value of the easements taken, and directing the removal of such…
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Appeal from special term. Action by Leopold Adler against the Metropolitan Elevated Bail way Company and others. A judgment was entered awarding the plaintiff $1,250-damages, and restraining the defendants from the further operation of their road in front of the plaintiff’s premises No. 132 First avenue, unless within a time fixed by the decree they pay to the plaintiff the sum of $5,000, adjudged to be the value of the easements taken, and directing the removal of such portion of their station as extends into Eighth street. Defendants appeal.
1Opinion of the CourtMcAdah, J.
The evidence satisfactorily sustains the findings of the court, below, both as to past damages and value of the easements. The only question requiring special mention arises on the part of the judgment which requires the defendants to remove that portion of their structure or station which projects into Eighth street. The plaintiff does not dispute the right of the-Metropolitan Elevated Railway Company to build and maintain stations along its established route. The legislature has given it this authority, and, in any event, it would seem to follow by necessary implication. But he insists…
2Cases cited3 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1891