Scholle v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from an order of the Supreme Court, made' at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of November, 1900, granting the motion of W. H. H. Hull and K. Eugene Bunnell, who purchased the property involved in the suit after the commencement of the action, to be made parties plaintiff.
1Opinion of the Court
Hatch; J.:
This action was commenced on January 14, 1892, by William Scholle, Jacob Scholle and Martin Herman, who alleged ownership in common of abutting property, against the elevated railroad companies for an injunction and damages. ■ On February 24, 1894, the premises were sold to W. H. H. Hull and K. Eugene Bunnell.
On July 10, 1900, an action was brought in this court by said *369Hull and Bunnell against the Manhattan Railway Company for an injunction and damages with respect to the same property, which .action is now at issue and upon the calendar for trial. In September, 1900, a motion was…
2Cases cited2 opinions
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930