Knoth v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Knoth, from certain portions of a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the plaintiff, Elizabeth Knoth, from certain portions of a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1904, upon the decision of the court rendered after a trial at the New York Special Term. The facts found by the trial court, and which are important in the consideration of the questions of law involved, are that the defendant, a domestic corporation, operates a railway in front of' the plaintiff’s premises under rights acquired from its predecessor,, the New York Elevated…
1Opinion of the Court
Patterson, J.:
This is, in form, an action brought by an abutting property owner against the Manhattan Railway Company for an injunction and damages for taking easements of light, air and access, by the erection and maintainánce, without legislative authority, Of an elevated railroad track over and above the center of Ninth avenue between twó other elevated tracks previously erected and rightfully operT ated and maintained by the defendant and its predecessors in front •of. the plaintiff’s premises.
Unfortunately, we have not before us the record-of the evidence *807given at the trial. The case…
2Cases cited7 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Amerman v. . DeaneNew York Court of Appeals · 1892
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
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3Cited by2 opinions
- Quality Excelsior Coal Co. v. ReevesSupreme Court of Arkansas · 1944
- Batchelor v. HinkleAppellate Division of the Supreme Court of the State of New York · 1910