Astor v. New York Arcade Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action, by John Jacob Astor and others against the New York Arcade Bail way Company, to enjoin the construction of defendant’s under-ground railroad. A demurrer to the complaint having been sustained, plaintiffs appeal.
1Opinion of the CourtDaniels, J.
The plaintiffs are the owners of valuable property fronting upon Broadway and Madison avenue, in the city of New York, and, as such owners, they have brought this action to prevent the construction of an underground passage-way and lines of railway under the surface of Broadway and Madison avenue. In support of their right to maintain the action, it has been alleged in the complaint that they are the owners, or entitled to the enjoyment, of easements dependent upon the preservation and maintenance of Broadway and Madison avenue as public streets, for the convenient use and enjoyment of their…
2Cases cited5 opinions
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- Matter of Application of Union Ferry Co.New York Court of Appeals · 1885
- In Re the Trustees of the Leake & Watts Orphan HomeNew York Court of Appeals · 1883
- Matter of Petition of KnaustNew York Court of Appeals · 1886
- Clarkson v. . the Hudson River Railroad Co.New York Court of Appeals · 1855