Hine v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 2, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain the operation and maintenance by defendants of their elevated railroad in front of plaintiff’s premises and for the recovery of damages caused thereby.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 2, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain the operation and maintenance by defendants of their elevated railroad in front of plaintiff’s premises and for the recovery of damages caused thereby. The facts, so far as material, are stated in the opinion. The court erred in awarding an injunction, in view of the fact that before the commencement of the action the…
1Opinion of the CourtO’Brien, J.
The judgment in this case awards to the plaintiff an injunction in the usual form, unless the defendants within the time specified, pay to the plaintiff the rental and fee damages found by the court, and take in lieu thereof, a conveyance from the plaintiff of the easements in use by the defendants and appurtenant to the property.
The principal point urged in support of this appeal is that the plaintiff’s title, at the time of the commencement of the action and at the trial was not in such a condition as to entitle him to the injunction and the other relief awarded. That, in fact, he lrnd…
2Cases cited8 opinions
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
- Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
- In re New York, Lackawanna & Western RailroadNew York Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Continental Casualty Co. v. LloydIndiana Supreme Court · 1905
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
20 more not listed; retrieve them via the Exa API.