Legal Opinion

Berry v. New York Municipal Railway Corp.

New York Supreme Court

Decided April 15, 1920Published

Action for an injunction.

1Opinion of the CourtBenedict, J.

This is an action against certain railroad corporations and the city of New York for an *433injunction to restrain the maintenance and operation of the elevated railroad in Eighty-sixth street in front of certain premises at the northeasterly corner of Eighty-sixth street and Twentieth avenue, in the borough of Brooklyn, or, in lieu thereof, for damages by reason of the construction and operation of the railroad.

Subsequent to the beginning of the action, the plaintiff conveyed the premises, and this raises the question whether she is entitled to recover fee damages. The deed of conveyance…

2Cases cited12 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  3. Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
  4. American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
  5. Kane v. New York Elevated RailroadNew York Court of Appeals · 1891

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