Leale v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Reversed. Action by Charles A. Leale against the Metropolitan Elevated Railway Company and the Manhattan Railway Company for an injunction and for damages. There was judgment for plaintiff on a trial by the court, and defendants appeal.
1Opinion of the CourtIngraham, J.
The plaintiff alleges that defendants have erected, constructed, and maintain an elevated railroad and station at the intersection of Eighth avenue and Fifty-Third street, in front of plaintiff’s premises; and they also have established a freight station in a house or building next but one to the plaintiff’s premises, and connected the aforesaid railroad station and the freight station by a continuous platform, which covers or is built over the whole of the sidewalk; and the complaint demanded judgment that each and both of the defendants be'perpetually restrained and enjoined from…
2Cited by2 opinions
- Hine v. Manhattan Railway Co.New York Court of Appeals · 1892
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894