Hine v. New York Elevated Railroad
New York Supreme Court
Appeal' from circuit court, New York county. Action by Charles S. Hine against the New York Elevated Railroad Company. Defendant appeals from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. For former report, see 7 N. Y. Supp. 464.
1Opinion of the CourtVan Brunt, P. J.
The plaintiff is the owner of the premises known as “No. 13 Bowery,” and this action was brought to recover damages for the trespass committed upon the easements incident and appurtenant to the plaintiff’s ownership of said premises by the erection, maintenance, and operation of the defendant’s railroad. The plaintiff testified, in respect to the time set forth in the complaint, that he was not in the actual occupancy of any part of this property; that it was all rented out to somebody else, and in the possession of somebody else. The letting is shown to have continued during the whole period…
2Cases cited1 opinion
- Tallman v. Metropolitan Elevated RailroadNew York Court of Appeals · 1890
3Cited by3 opinions
- Barrett v. Manhattan Ry. Co.New York Supreme Court · 1892
- Ottinger v. New York Elevated Railway Co.New York Supreme Court · 1891
- Shady v.Metropolitan Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1892