Korn v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, New York county. Action by Max S. Korn against the New York Elevated Railroad Company and the Manhattan Railway Company for damages to plaintiff’s property at the corner of Third avenue and Seventy-Second street, in the city of New ¡York, from the use of defendants’ elevated railroad on Third avenue, and to restrain such further use of the structure.- Defendants appeal from a judgment for plaintiff entered on trial by the court without a jury.
1Opinion of the CourtDaniels, J.
The plaintiff became the owner of premises on the southeasterly corner of Seventy-Second street and Third avenue in the city of New York on the 31st day of December, 1888, by a deed executed and delivered to him at that time. They consisted of the avenue numbers of 1241-43-45. He conveyed away that portion of them designated by the number 1241, remaining the owner of the residue, fronting to the extent of 58 feet upon the avenue, and 90 feet in depth upon Seventy-Second street. At the time he received his conveyance there had been erected upon the land a building four stories in height. This…
2Cases cited2 opinions
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Mitchell v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890