Moore v. N. Y. Elevated Railroad
New York Court of Common Pleas
Appeal by plaintiff from a judgment for defendant entered upon a verdict. The action was brought by Eliza Jane Moore against The New York Elevated Railroad Company and The Manhattan Railway Company to recover damages for the alleged injury to plaintiff’s premises caused by the operation of defendants’ elevated railway in a street upon which plaintiff’s premises abutted. The further facts are fully stated in the opinion.
1Opinion of the CourtBischoff, J.
The action was by an abutting owner to recover damages for injury to the value of her premises caused by the maintenance and operation of defendants’ elevated railway. The complaint alleged ownership of the premises and easements in the street, and the answer denied it. On the trial plaintiff indisputably established title to and possession of the premises by evidence which remained unchallenged. The maintenance and operation of defendants’ elevated railway in front of the premises were conceded, and the case is destitute of all evidence from which defendants’ acquirement of the easements…
2Cases cited61 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
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