Werfelman v. Manhattan Railway Co.
New York Court of Common Pleas
On rehearing. Appeal from equity term. Action by Diedrich Werfelman and George B. Werfelman against the Manhattan Bailway Company and the New York Elevated Bailroad Company. Judgment was given for plaintiffs, and defendants appeal.
1Opinion of the CourtLarremore, C. J.
When this case was before us on the1 former argument1 certain authorities were not brought to our attention. After carefully considering not only what these adjudications directly hold, but the necessary inference from some of the positions taken in them, we have concluded that the points for which appellants contend are no longer open questions, so far as the courts of original jurisdiction are concerned. The point principally urged by the learned counsel for appellants is that, as plaintiffs acquired title after the elevated road was built and in full operation, they took subject to its…
2Cases cited9 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Mortimer v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
- Mitchell v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Pappenheim v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1889
- Doyle v. Manhattan Ry. Co.New York Court of Common Pleas · 1890
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3Cited by4 opinions
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- Livingston v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Korn v. New York Elevated Railway Co.New York Supreme Court · 1891
- Mulford v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1891