Mitchell v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 16, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This was an action by an abutting owner of property on West Third street in the city of New York to recover damages, or to restrain the operation and maintenance by defendants of their road in said street.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 16, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This was an action by an abutting owner of property on West Third street in the city of New York to recover damages, or to restrain the operation and maintenance by defendants of their road in said street. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtParker, J.
The judgment awards to the plaintiff two thousand and seventy-five dollars for damages occasioned to his property, prior to the commencement of this suit, by the maintenance of defendants’ elevated railroad structure, and the operation of trains thereon, and enjoins the defendant from further operating the railroad, and maintaining the structure, unless it pay to the plaintiff the sum of twelve thousand dollars, adjudged to be the value of so much of plaintiff’s rights and easements appurtenant to' his real estate as are necessary for defendants’ permanent use.
Appellants insist that this…
2Cases cited4 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Pond v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1889
- Hussner v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
3Cited by8 opinions
- Ward v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1897
- Lears v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1908
- Farmer v. R. C. Tway Coal Co.Court of Appeals of Kentucky · 1924
- Davis v. AllenCourt of Appeals of Kentucky (pre-1976) · 1939
- Reilly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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