Lewis v. . New York Harlem R.R. Co.
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1899, affirming a judgment in favor of plaintiff entered upon.a decision of the court on trial at Special Term. This action was brought to recover damages resulting from the operation of the defendants’ railroad in front of plaintiff’s premises on Park avenue, in the city of New York, and to enjoin the future operation of said railroad.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1899, affirming a judgment in favor of plaintiff entered upon.a decision of the court on trial at Special Term. This action was brought to recover damages resulting from the operation of the defendants’ railroad in front of plaintiff’s premises on Park avenue, in the city of New York, and to enjoin the future operation of said railroad. On the first of February, 1895, the plaintiff became the owner of a lot of land on the easterly side of Park, formerly Fourth,…
1Opinion of the CourtVann, J.
The plaintiff claims that the trial court erred in refusing to allow her damages for the effect of the new structures, both temporary and permanent, without considering the effect of the old structure. The defendants claim that the court erred in awarding any damages, or giving any relief whatever, to the plaintiff, because, as against her, they had the right to erect any railroad structure in the street, of any height, within the lateral lines of the old embankment.
The defendants’ appeal rests mainly upon the proposition that, by virtue of the Benson deed to the Harlem Company, in 1832, and…
2Cases cited33 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Heller v. . CohenNew York Court of Appeals · 1897
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
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3Cited by95 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- Gerstley v. Globe Wernicke Co.Illinois Supreme Court · 1930
90 more not listed; retrieve them via the Exa API.