Kane v. New York Elevated Railroad
New York Court of Appeals
Appeal, by defendant'^The New York Elevated ¡Railroad1 Company, from judgment of the General Term of the Court, of Common Pleas for tlie city and county of New York, made June 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and also an order denying a-motion for a new trial as.to the said defendant, and reversed the same as to the defendant The ¡Metropolitan Elevated ¡Railway Company.
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Appeal, by defendant'^The New York Elevated ¡Railroad1 Company, from judgment of the General Term of the Court, of Common Pleas for tlie city and county of New York, made June 3, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and also an order denying a-motion for a new trial as.to the said defendant, and reversed the same as to the defendant The ¡Metropolitan Elevated ¡Railway Company. This action was brought to recover damages to plaintiff’s, property on Pearl street in the city of New York, alleged to-, have been caused by the erection and operation, by…
1Opinion of the CourtAndrews, J.
The plaintiff is the owner of a lot on the easterly side of Pearl street in the city of Bew York, which, on the 1st day of December, 1768, was granted by the Mayor, Aldermen and Commonalty of the city to the plaintiff’s predecessor in title, by a description which bounded the westerly side of the lot on Queen (now Pearl) street. When the grant was made, the tidal waters of the East river washed the easterly side of the street, udiicli was coincident with the water line, and the lot granted was then under w'ater. It was subsequently filled in and reclaimed, and has been built upon, and Pearl…
2Cases cited11 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
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Haynes v. ThomasIndiana Supreme Court · 1855
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Jones Beach Boulevard Estate, Inc. v. MosesNew York Court of Appeals · 1935
41 more not listed; retrieve them via the Exa API.