Legal Opinion
Hine v. New York Elevated Railroad
The Superior Court of New York City
Decided April 15, 1894PublishedCited by 1 opinion
Appeal by defendants from judgment entered upon findings by a judge at Special Term.
1Opinion of the Court
Sedgwick, Ch. J.
The action is for an injunction against defendants’ maintaining and operating their railroad in front of the plaintiff’s premises, and also for damages to the rental value of the premises.
The appellants’ counsel takes the position that the court erred in awarding an injunction in view of the fact that before the commencement of the action the plaintiff divested himself of all substantial interest in the premises and the right of action, and became incapacitated from sustaining any consequential injury.
The divesting referred to was the making of a written instrument by the…
2Cases cited3 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Kenkele v. Manhattan Railway Co.New York Supreme Court · 1890
3Cited by1 opinion
- Saddle River Tp. v. Erie R.District Court, D. New Jersey · 1949