Conabeer v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered January 26, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on the merits on trial at Special Term.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered January 26, 1895, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on the merits on trial at Special Term. This action was commenced on the twentieth of November, 1891, to obtain an injunction perpetually restraining the further operation of the defendants’ railroad in Park avenue, formerly known as Fourth avenue, in the city of New York, opposite the-premises of the plaintiff, and for damages to the rental value thereof. In…
1Opinion of the CourtMartin, J.
It is obvious that when the deed by Mrs. McGown to the 27ewYork and Harlem Eailroad Company was given, it was understood between the parties that its railroad was to he built upon an embankment or viaduct in Fourth avenue, as it expressly provided not only that the grantee should have twenty-four feet of land in the center of the avenue during its corporate existence upon which to construct its railroad, but it also conferred upon the company the right *483to slope its embankment to the full width of the street. It is equally apparent that the grantor intended to confer upon the railroad company…
2Cases cited13 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Welsh v. . TaylorNew York Court of Appeals · 1892
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Wormser v. . BrownNew York Court of Appeals · 1896
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
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3Cited by8 opinions
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1914
- Remsen v. WingertAppellate Division of the Supreme Court of the State of New York · 1906
- Wallkill Farms Homeowners Ass'n v. VelazquezAppellate Division of the Supreme Court of the State of New York · 1994
- Wood v. SimonNew York Supreme Court · 1964
3 more not listed; retrieve them via the Exa API.