Legal Opinion

Muhlker v. New York & Harlem Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1901Published

Cross appeals from special term, New York county. Action by Henry Muhlker against the New York & Harlem Railroad Company and the New York Central & Hudson River Railroad Company. From a judgment in favor of defendants, plaintiff and defendants appeal.

1Opinion of the CourtMcLAUGHLIN, J.

This action was brought to recover damages resulting from the operation of defendants’ railroad in front of plaintiff’s premises on Park avenue, in the city of New York, and to enjoin the future operation of such road. The plaintiff had a judgment restraining the defendants from interfering with his easements of light, air, and access to the premises in question, and fixing the amount of the fee and rental damages because of such prior interference. The judgment was in the usual form in actions brought for a similar purpose against the elevated railroad companies in such city, and provided…

2Cases cited4 opinions

  1. Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
  2. Ross v. . CaywoodNew York Court of Appeals · 1900
  3. Fries v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  4. Sander v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901

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