Blumenthal v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Elkan Blumenthal against the New York Elevated Railroad Company and the Manhattan Railway Company to restrain defendants from maintaining and operating an elevated railroad. Judgment for plaintiff. Defendants appeal.
1Opinion of the CourtFreedman, J.
The action was brought to restrain the defendants from maintaining and operating their elevated railway in front of plaintiff’s premises, and, as incidental thereto, to recover damages for loss of rental value occasioned by the past maintenance and operation of the road. The premises, known as “No. 1277 Third Avenue,” are on the east side of Third avenue, near Seventy-Third street. The lot is 26 feet and one-half inch wide and 80 feet deep, and is occupied by a five-story building, used as tenements and stores. The trial judge awarded $250 for past damages from March 28, 1888, (when plaintiff…
2Cases cited1 opinion
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
3Cited by3 opinions
- Taber v. Manhattan Ry. Co.The Superior Court of the City of New York and Buffalo · 1895
- Mead v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Bolger v. Metropolitan Elevated RailwayThe Superior Court of the City of New York and Buffalo · 1892