Bruen v. Manhattan Railway Co.
New York Court of Common Pleas
Action by Bruen against the Manhattan Railway Company and another for damages to plaintiff’s easements in a street in front of plaintiff’s premises, caused by the construction of defendants’ road therein. Plaintiff recovered six cents damages, and judgment for costs was rendered in defendants’ favor. Plaintiff now moves that the adjudication of costs in defendants’ favor be set aside, on the ground that the title to real property came in question at the trial.
Read the full summary
Action by Bruen against the Manhattan Railway Company and another for damages to plaintiff’s easements in a street in front of plaintiff’s premises, caused by the construction of defendants’ road therein. Plaintiff recovered six cents damages, and judgment for costs was rendered in defendants’ favor. Plaintiff now moves that the adjudication of costs in defendants’ favor be set aside, on the ground that the title to real property came in question at the trial. Code Civil Proc. 3ST. Y. § 8228, provides: “The plaintiff is entitled to costs of course upon the rendering of final judgment in his…
1Opinion of the CourtDaly, C. J.
The complaint alleged that the plaintiff was the owner in fee of the bouse and lot 118 West Third (formerly Amity) street, and the owner of an easement in the street to have the same kept open as a public street, and alleges the construction and operation of the elevated railroad upon said street, and interference with plaintiff’s easements. The defendants deny any knowledge or information sufficient to form a belief as to the allegation of ownership. Upon the trial the plaintiff proved her title by deed to the premises in question, and the opening of Amity street as a public street. A claim…
2Cases cited3 opinions
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Kelly v. New York & Manhattan Beach Railway Co.New York Court of Appeals · 1880
- Quinn v. WinterNew York Court of Common Pleas · 1889