Curry v. Manthattan Railway Co.
New York Supreme Court
Action for injunction to restrain the operation of defendants’ elevated railway in the street opposite plaintiff’s premises, and for damages.
1Opinion of the CourtBischoff, J.
TJpon the question of the effect of infancy of one of the plaintiff’s predecessors in title on the defense of prescription, my opinion in the case of Taggart v. Manhattan Ry. Co., ante, page 184, covers this case.
I do not find that the defendants’ claim of an entry in the month of ¡November, 1876, is supported by the evidence. True, an elevated railway was built opposite the premises in suit at that time; but it was a. single track structure, with a “ spur ” track; the operating track was placed differently from the present westerly line, and it was afterward removed, and the present…
2Cases cited6 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Knoth v. Manhattan Railway Co.New York Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Curry v. Manhattan Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1909