Knoth v. Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the> first judicial department, entered Jan-nary 4, 1906, which affirmed a judgment of Special Term granting an injunction against the maintenance and operation of the center track of defendant’s railway or in the alternative that the defendant should pay a certain sum for a conveyance of the easements appropriated.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the> first judicial department, entered Jan-nary 4, 1906, which affirmed a judgment of Special Term granting an injunction against the maintenance and operation of the center track of defendant’s railway or in the alternative that the defendant should pay a certain sum for a conveyance of the easements appropriated. The trial court made thirty-five findings of fact; those material on this appeal are as follows: II. The defendant erected in the year 1894, without legislative authority and without municipal consent, and…
1Opinion of the CourtEdward T. Bartlett, J.
The Special Term awarded to the plaintiff, an owner of property abutting upon the Ninth Avenue line of defendant’s elevated railway, in the city of New York, a money judgment and an injunction against the ¡naintenance or in any way using the center or third track upon the elevated railroad structure in front of the plaintiff’s premises, described in the complaint, and known as Bo. 461 Bintli avenue, between 35tli and 36th streets, except to remove the same, and from operating trains of cars thereon, on and after sixty days from entry of judgment and due service of a copy of t,he judgment and…
2Cases cited6 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- New York City v. PineSupreme Court of the United States · 1902
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Penrhyn Slate Co. v. Granville Electric Light & Power Co.New York Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Roberts v. New York CitySupreme Court of the United States · 1935
- McCann v. . Chasm Power Co.New York Court of Appeals · 1914
- Loretto v. Teleprompter Manhattan CATV Corp.New York Court of Appeals · 1983
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
10 more not listed; retrieve them via the Exa API.