Hindley v. Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme’ Court in the first judicial department, entered April 19, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme’ Court in the first judicial department, entered April 19, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was commenced on the 22nd of July, 1901, by an abutting owner on the west side of Sixth avenue in the city of Hew York, to recover damages from the defendants, as the owners and operators of an elevated railroad in said avenue, for an unlawful interference with his easements of light, air and access, and also to restrain the defendants from further…
1Opinion of the CourtVann, J.
As the facts found by the trial court support the conclusions' of law, the rule of unanimous affirmance prevents us from reviewing any questions except those relating to the admission of evidence and to the effect of erroneous rulings made in that' regard. Those questions as argued before us were as follows:
1st. Were settlements made by the defendants with other owners and proceedings to condemn other property competent evidence for the plaintiff with respect to his property ?
2nd. Were certain petitions presented by the defendants to the state board of tax commissioners in order to secure a…
2Cases cited15 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Walling v. PrzybyloNew York Court of Appeals · 2006
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Morrison v. LinnMontana Supreme Court · 1915
- Fitschen Bros. Commercial Co. v. Noyes' EstateMontana Supreme Court · 1926
23 more not listed; retrieve them via the Exa API.