Legal Opinion

Mooney v. . N.Y. El. R.R. Co.

New York Court of Appeals

Decided June 5, 1900PublishedCited by 8 opinions

1Opinion of the Court

This is the usual action by a property owner against a railroad to restrain its operation, by injunction, and for damages. The action was originally brought in the name of the plaintiff Daniel Mooney on the 1st of December, 1890. At that time he was clearly entitled to maintain the action. On the trial of the case before the court at Special Term it appeared that, pending the action and on the 15th of April, 1891, Mooney conveyed the premises to the plaintiff David Cohen. In this conveyance Mooney reserved the easements of light, air and access as taken and used by the defendants, and all the…

2Cases cited3 opinions

  1. Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
  2. Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
  3. Domschke v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1896

3Cited by8 opinions

  1. Bily v. Allegheny County Board of Property Assessment, Appeals & ReviewSupreme Court of Pennsylvania · 1945
  2. Hagearty v. RyanSupreme Court of Connecticut · 1937
  3. Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. H. Koehler & Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1903
  5. In re the Estate of MackenzieNew York Surrogate's Court · 1934

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