Doyle v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from so much of an order of the General Term of the Court of Common Pleas for the city and county of New York, made December 5, 1892, as reversed an order of the Special Term denying a motion to vacate and vacating an order of reference.
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Appeal from so much of an order of the General Term of the Court of Common Pleas for the city and county of New York, made December 5, 1892, as reversed an order of the Special Term denying a motion to vacate and vacating an order of reference. This action was brought to obtain equitable relief by injunction and also to recover damages on account of the maintenance and operation, by defendants, of an elevated railroad in front of plaintiff’s' premises on Sixth avenue, in the city of New York. Further facts are stated in the opinion. Under the stipulation, and to controvert Judge Pbyob’s…
1Opinion of the CourtO'Brien, J.
On the trial of this action, after hearing some proof in regard to the plaintiff’s title to the premises described in the complaint, and the existence, location and operation of the defendants’ railway in front of the premises, the court, against the objection of defendants’ counsel, dmected an order to be entered appointing a referee to take testimony as to the value of any of the easements and property taken, appropriated or interfered with by the defendants, for the maintenance and operation of the railway in front of plaintiff’s premises, and as to the amount of the rental loss, if any,…
2Cases cited5 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Camp v. . IngersollNew York Court of Appeals · 1881
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Drexel v. . PeaseNew York Court of Appeals · 1891
- Rathbun v. RathbunNew York Supreme Court · 1847
3Cited by20 opinions
- Curtin v. . BartonNew York Court of Appeals · 1893
- Wormser v. . BrownNew York Court of Appeals · 1896
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Standard Fashion Co. v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
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