Legal Opinion

Bischoff v. New York Elevated Railroad

The Superior Court of New York City

Decided May 9, 1892Published

Appeal by defendants from a judgment entered upon the decision of a judge at special term. The action was brought to secure an injunction and incidental damages against the defendants’ elevated railroad with respect to the plaintiff’s premises in Park Bow.

1Per curiam

The action is to restrain defendants from maintaining their elevated road and from running their cars thereon in front of plaintiff’s premises.

It is argued for the appellants, that the judge incorrectly refused to find as requested in the 50th and 51st proposed findings of fact. These are : There is a station of defendants’ railroad near plaintiff’s premises, which *214is daily used by great numbers of people, some of whom pass through Park Eow in front of plaintiff’s premises, and the existence of station and railroad and the great numbers of people thereby drawn to the vicinity of the…

2Cases cited1 opinion

  1. Korn v. New York Elevated Railway Co.New York Supreme Court · 1891

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