Legal Opinion

Paret v. New York Elevated Railroad

The Superior Court of New York City

Decided April 14, 1892Published

Appeal by defendant from a judgment in favor of plaintiffs entered on the verdict of a jury, and from an order denying defendant’s motion for judgment in its favor on said verdict. The facts are sufficiently stated in the opinion of the court.

1Opinion of the Court

By the Court.—Gildersleeve, J.

The defendant constructed an elevated railroad in the street in front of premises No. 405 Greenwich street, in the city of New York, in 1870; and soon after it commenced the operation of said road, which has ever since continued. The plaintiffs here seek to recover damages to the premises in question, caused by the maintenance and operation of said elevated railroad. Hester Paret, the mother of the plaintiffs, held the premises as life tenant until December 20, 1882, when she died. It will be assumed that the plaintiffs owned the fee to the premises during the…

2Cases cited3 opinions

  1. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  2. Griswold v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  3. Dempsey v. Mayor of New YorkNew York Court of Common Pleas · 1882

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