Legal Opinion

Tallman v. Metropolitan Elevated R. Co.

New York Court of Appeals

Decided April 15, 1890PublishedCited by 22 opinions

Appeal from judgment of Mew York court of common pleas, general term, affirming judgment in favor of plaintiff.

1Opinion of the CourtEarl, J.

The plaintiff was the owner of four adjoining lots on the westerly side of West Fifty-third street in the city of Hew York. He became the owner of three of them in 1866, and of the other in 1868, and he continued to own them until after the commencement of this action in February, 1884. The elevated railway of the defendants was constructed through Fifty-third street in front of these lots in 1878, and was thereafter maintained and operated. The plaintiff used apart of his lots for a carpenter shop and the remainder as a lumber yard. This action was commenced to recover damages occasioned to…

2Cases cited5 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  3. Colrick v. . SwinburneNew York Court of Appeals · 1887
  4. Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
  5. Dorian v. East Brandywine & Waynesburg RailroadSupreme Court of Pennsylvania · 1864

3Cited by22 opinions

  1. Jenkins v. EtlingerNew York Court of Appeals · 1982
  2. Chenega Corp. v. Exxon Corp.Alaska Supreme Court · 1999
  3. Reisert v. . City of New YorkNew York Court of Appeals · 1903
  4. People v. PaisleyIllinois Supreme Court · 1919
  5. Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898

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