Legal Opinion

Roberts v. New York El. Railroad

The Superior Court of the City of New York and Buffalo

Decided May 6, 1895PublishedCited by 1 opinion

Appeal from equity term. Action by Irene B. Roberts and Nathan B. Roberts, individually and as executors of and trustees under the last will and testament of Edward Roberts, deceased, against the New York Elevated Railroad Company and the Manhattan Railway Company, impleaded with others, for damages to certain trust property caused by the construction and maintenance of defendants’ elevated railroad on a street in front of said property.

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Appeal from equity term. Action by Irene B. Roberts and Nathan B. Roberts, individually and as executors of and trustees under the last will and testament of Edward Roberts, deceased, against the New York Elevated Railroad Company and the Manhattan Railway Company, impleaded with others, for damages to certain trust property caused by the construction and maintenance of defendants’ elevated railroad on a street in front of said property. The property in controversy was directed by the testator to be sold, and of the proceeds, part was to be distributed to his wife and adult children, and part…

1Per curiam

This is the usual action in equity by owners of property abutting on defendants’ road to enjoin the defendant corporations from the further operation of their road, and incidentally to recover past damages. The property in question is on the southeast corner of Third avenue and Ninety-Ninth street, and extends 100 feet and 11 inches along the avenue. The lots are 85 feet in depth, and are improved by four four-story, brown-stone front, double apartment houses, with stores on the first floor. In addition to the ordinary structure for the running of trains, the defendants *686maintain in front of…

2Cases cited2 opinions

  1. Union Insurance v. Van RensselaerNew York Court of Chancery · 1833
  2. Dode v. Manhattan Railway Co.New York Supreme Court · 1893

3Cited by1 opinion

  1. In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899

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