Trustees of Mission Church v. Ridley
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New-York County. Action by the Trustees of the Mission Church in the City of New York against Edward A. Ridley and another. From an interlocutory judgment, entered on a decision after trial at Special Term for plaintiff, defendants appeal. Reversed, and complaint dismissed, with costs.
1Dissent
McLAUGHLIN, J. (dissenting).
Prior to May 13, 1887, the plaintiff, a domestic religious corporation, owned premises known as 59-63 Allen street, in the city of New York. At that time and continuously thereafter the Metropolitan Elevated Railway Company and the Manhattan Railway Company, or one of them, operated an elevated railway in front thereof. On March 24, 1887, plaintiff contracted to sell the property in question to one Erdmann. The contract, among other things, provided:
“That all claims for damages against the railroad companies owning or operating the elevated railroad in Allen street…
2Cases cited17 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Matter of Petition of CampNew York Court of Appeals · 1891
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- In re the Estate of AshheimAppellate Division of the Supreme Court of the State of New York · 1906
- Schomacker v. . MichaelsNew York Court of Appeals · 1907
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