Steubing v. N. Y. Elevated Railroad
New York Court of Appeals
Appeal from a judgment and order of the General Term of the Supreme Court in the First Department, affirming a judgment of that court entered upon a report of a referee.
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Appeal from a judgment and order of the General Term of the Supreme Court in the First Department, affirming a judgment of that court entered upon a report of a referee. The action was brought by Henry Steubing against the N. Y. Elevated Railroad Company and the Manhattan Railway Company to restrain the further maintenance and operation of defendants’ elevated railroad in front of plaintiff’s premises, Nos. goo and 902 Third avenue, and incidentally to recover damages already thereby sustained plaintiff. The further facts are fully stated in the opinion.
1Opinion of the CourtEarl, J.
The complaint in this action, which is in the usual form for such actions by abutting owners against the elevated railroad companies, relates to two lots, numbers 900 and 902, on Third avenue. The referee awarded for number 900 rental damages $2,160, and fee damages-$2,600; and for lot 902 no rental damage, and fee damages-$2,600. The defendants’ sole complaint now is that the referee erroneously refused to make certain findings of fact and law requested by their counsel, and the following requests to find facts are specified :
“ Fifteenth. The easements, if any, appurtenant to the-land…
2Cases cited16 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Sidenberg v. . ElyNew York Court of Appeals · 1882
- In Re the Judicial Settlement by ClarkNew York Court of Appeals · 1890
- Baldwin v. . DoyingNew York Court of Appeals · 1889
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