Child v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of ■ September, 1902, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
This is the usual action to recover damages and for an injunction restraining the operation of defendants’ elevated railroad. The plaintiff had a judgment for some twenty odd thousand dollars damages and for an injunction voidable on the payment of $5,000 and interest thereon from the 5th of February, 1901, for a convey*600anee of the easements appurtenant to a leasehold estate which expired on May 1, 1903. There is no ■ substantial dispute between the parties as to the facts except so .far as they relate to' the damages recovered.
In 1865 the plaintiff purchased buildings situate…
2Cases cited6 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Ward v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1897
- Clark v. . PostNew York Court of Appeals · 1889
- Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.