Malcolm v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Gourt in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the operation and maintenance of defendants’ elevated railroad in front of plaintiff’s premises and to recover the damages caused thereby.
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Appeal from judgment of the General Term of the Supreme Gourt in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the operation and maintenance of defendants’ elevated railroad in front of plaintiff’s premises and to recover the damages caused thereby. The defendants’ elevated railroad was constructed in Third avenue, on which the premises in suit abut, during the years 1877 and 1878, and trains began running in the latter…
1Dissent
Bartlett, J. (dissenting).
This action is brought to recover the amount of injury to the fee and rental value of property' by reason of the construction of the elevated railroad. The premises involved are Hos. 1213, 1215 and 1217 Third avenue, at the northeast corner of Seventieth street, in the city7 of Hew" York, with a frontage of seventy-five feet on Third avenue by' a depth of eighty feet, and upon the lot are erected three four-story buildings, each containing two stores and three upper floors used for dwelling purposes.
The judgment decreed the usual. injunction against operating the…
2Cases cited1 opinion
- Bischoff v. New York Elevated RailroadNew York Court of Appeals · 1893