Mead v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
Action by Frederick Mead against the New York Elevated Railroad Company and the Manhattan Railway 'Company to enjoin the operation of defendants’ road in the street on which plaintiff’s lot abuts, whereby plaintiff was deprived of his easements in such street.
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Action by Frederick Mead against the New York Elevated Railroad Company and the Manhattan Railway 'Company to enjoin the operation of defendants’ road in the street on which plaintiff’s lot abuts, whereby plaintiff was deprived of his easements in such street. Defendants afterwards instituted a proceeding to condemn plaintiff’s easements, and plaintiff moves for an injunction against the condemnation proceeding on the ground that defendants had waived their right to maintain such proceeding.
1Opinion of the CourtG-Ildersleeve, J.
This action was commenced in November, 1877, for the purpose of enjoining the construction of the elevated railway in front of plaintiff’s premises in Pearl street, in this city. It slumbered, to await the result of a similar proceeding in the Story Case, 90 N. Y. 122; and, after the failure to secure preliminary relief in that case, it awaited the disposition of the Dutch street question. In October, 1889, leave having been obtained, the plaintiff served a supplemental complaint, upon which the motion under consideration is made. In the amended complaint the plaintiff alleges that the…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891
- Blumenthal v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1892
- Watson v. Metropolitan El. Ry. Co.The Superior Court of the City of New York and Buffalo · 1890
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3Cited by2 opinions
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
- Benjamin v. Brooklyn Union El. R.U.S. Circuit Court for the District of Eastern New York · 1902