American Bank Note Co. v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made March 9, 1891, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. This action was brought to restrain defendants from operating their elevated railroad in Greenwich street, in the city of Eew York, in front of plaintiff’s premises, and to recover damages.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made March 9, 1891, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. This action was brought to restrain defendants from operating their elevated railroad in Greenwich street, in the city of Eew York, in front of plaintiff’s premises, and to recover damages. The facts, so far as material, are stated in the opinion. The erection of the original railway in Greenwich street in 1868, and the continued maintenance of that railway…
1Opinion of the CourtFinch, J.
This appeal is from a judgment awarding to the plaintiff compensation for the taking of its property hy the construction and maintenance of the elevated railway in Greenwich street and in front of plaintiff’s premises abutting on that street; and also assessing damages for past injuries occasioned by the same operative cause; and two principal questions are presented for our consideration.
The defendants assert title by prescription to so much of the plaintiff’s property in the street as was originally taken by the West Side and Yonkers Patent Bail way Company, to whose rights and franchises…
2Cases cited11 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Sands v. . HughesNew York Court of Appeals · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Roberts v. New York CitySupreme Court of the United States · 1935
- Brown v. Board of SupervisorsCalifornia Supreme Court · 1899
- Baldwin v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
51 more not listed; retrieve them via the Exa API.