Flammer v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Manhattan Railway Company and ■another, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 1st day of October, 1900, joining Charlotte H. App ell as a party plaintiff in the action, and continuing the same in her name as plaintiff with the other plaintiffs, •except from so much of said order as vacated an order entered in ■said clerk’s office on the 14th…
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Appeal by the defendants, The Manhattan Railway Company and ■another, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 1st day of October, 1900, joining Charlotte H. App ell as a party plaintiff in the action, and continuing the same in her name as plaintiff with the other plaintiffs, •except from so much of said order as vacated an order entered in ■said clerk’s office on the 14th day of September, 1900.
1Opinion of the Court
Rumsey, J.:
This action was brought in the year 1890 by William G-. Flammer to restrain the defendants from interfering with his easements of light, air and access, by the operation of their road in front of his premises, and for damages. On the 1st day of March, 1900, the ■action being at issue and still pending, Mr. Flammer sold the premises to Charlotte H. Appell. On the 21st of March, 1900, he died. In J uly his administrator and heir at law were substituted as plain*184tiffs in the action and served a supplemental complaint setting out the devolution of their right. On the 23d day of July,…
2Cases cited4 opinions
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Hutton v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Stokes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Scholle v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Scholle v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Trustees of Mission Church v. RidleyAppellate Division of the Supreme Court of the State of New York · 1913