Thompson v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of Hew York, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The plaintiffs had no right to an injunction until their estate vested in possession.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of Hew York, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The plaintiffs had no right to an injunction until their estate vested in possession. (Uline v. N. Y. C. & H. R. R. R. Co., 101 N. Y. 98; Pond v. M. E. R. Co., 112 id. 186; Ottenot v. N. Y., L. E. & W. R. Co., 119 id. 603; Tallman v. M. E. R. Co., 121 id. 103; N. Y. E. R. Co. v. F. N. Bank, 135 U. S. 441.) A reversioner is entitled…
1Opinion of the CourtHaight, J.
This action was brought for an injunction perpetually restraining the defendants from constructing, maintaining or operating an elevated railroad through Pearl street, in the city of Eew York adjoining or in front of the plaintiff’s premises, and for the damages alleged to have been sustained by reason of such construction and operation.
In the year 1870 the mother of the plaintiffs died intestate seized of the premises in question. She left her surviving the plaintiffs, and William W. Thompson, her husband, who as tenant by curtesy ever since has been in possession thereof, receiving the…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
3Cited by6 opinions
- Holdridge v. Town of BurlingtonAppellate Division of the Supreme Court of the State of New York · 1969
- City of White v. GriffenNew York Supreme Court · 1938
- Muller v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Pratt v. Saline Valley Railway Co.Missouri Court of Appeals · 1908
- Muller v. Manhattan Railway Co.New York Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.