Foote v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. • Action by Elizur V. Foote against‘the Manhattan Railway Company and the Metropolitan Elevated Railway Company. The complaint was dismissed at special term, and plaintiff appeals.
1Opinion of the CourtBarrett, J.
This is an action to restrain the defendants from operating their elevated railroad in front of the plaintiff’s premises, No. 104 West Fifty-Third street, in this city, because of a continuous invasion of the plaintiff’s easements in that street. The complaint was dismissed upon the'ground that the plaintiff had no title to such of these easements as are occupied by the defendants for the purpose of their railroad. The plaintiff purchased the property in June, 1885, from James B. Gillie and Alexander Walker, receiving a full covenant warranty deed. In this deed the premises were properly…
2Cases cited4 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Kuecken v. VoltzIllinois Supreme Court · 1884
- Mitchell v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Manderbach v. Bethany Orphans' HomeSupreme Court of Pennsylvania · 1885
3Cited by7 opinions
- Knabe v. LevelleThe Superior Court of the City of New York and Buffalo · 1892
- Badger v. MayerCity of New York Municipal Court · 1894
- Foote v. Metropolitan Elevated R. R.New York Supreme Court · 1893
- Foote v. Metropolitan Elevated Railway Co.New York Supreme Court · 1893
- McGean v. Metropolitan Elevated RailroadThe Superior Court of New York City · 1891
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