Heimburg v. Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered July 1, 1897, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered July 1, 1897, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The reversal of the judgment and the dismissal of the complaint can only be sustained on the ground that the case involved nothing but a pure question of law; if any question of fact was involved, or might possibly be involved on a new…
1Opinion of the CourtO’Brien, J.
The trial court awarded to the plaintiff the usual judgment in cases of this character, namely, an in june-. tion to restrain the operation of the railway in the street in front of the plaintiff’s premises and damages. The railway was constructed and is operated pursuant to legislative and municipal authority and, hence, it was incumbent upon the plaintiff to show that some of his property rights have been invaded by the defendants. His claim was that the easements of light, air and access appurtenant to his premises had been wrongfully taken, appropriated or impaired by the defendants in the…
2Cases cited4 opinions
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Martin v. . Home BankNew York Court of Appeals · 1899
- Herzog v. New York Elevated Railway Co.New York Supreme Court · 1894
- Herzog v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1897
3Cited by7 opinions
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Brooklyn Trust Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Maybeck v. New York Municipal Railway Corp.New York Supreme Court · 1918
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