Goldstrom v. Interborough Rapid Transit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Interborough Rapid Transit Company and others, 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 3d day of January, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, awarding to plaintiff an alternative injunction and incidental damages for the taking of certain easements.
1Opinion of the Court
O’Brien, P. J.:
This action was commenced January 28, 1901, by the plaintiff as owner of the fee against-the elevated railroad. By stipulation the Interborough Rapid Transit Company was joined as a party defendant. It was shown that the operation of the railroad and the running of the first train in front of the property occurred on March 1, 1880, so that this action was commenced twenty.years after the above entry. . •
The main question upon this appeal is as to whether the defendants have acquired the right to maintain and operate their railroad by prescription. This question was directly…
2Cases cited4 opinions
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- Kernochan v. . Manhattan Railway Co.New York Court of Appeals · 1900
- Hindley v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Burke v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907