Newman v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. At the commencement of this action the plaintiff held a lease of property situated upon the northwest corner of Church and Bector streets in the city of Bew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. At the commencement of this action the plaintiff held a lease of property situated upon the northwest corner of Church and Bector streets in the city of Bew York. The lease bore date May 1, 1877, and was for the term of fifteen years, with a right of renewal for an additional term of ten years. Upon the property there was a brick…
1Opinion of the CourtBrown, J.
The basis of the court’s refusal to charge as requested is to be found in the Rapid Transit Act (chap. 606, Laws 1875, § 20) and in the General Railroad Law (chap. 140, Laws 1850, § 16) which by section 3, chapter 885, Laws of 1872, was made applicable to the Gilbert Elevated Railroad Company to whose rights the Metropolitan railroad company succeeded.
These laws provide that commissioners of appraisal shall not, in determining the amount of compensation to be made to parties owning or interested in property acquired for the construction and operation of railways formed thereunder, “ make any…
2Cases cited7 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Page v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1873
- In re the appraisal of the compensation to be made by the Utica, Chenango & Susquehanna Valley RailroadNew York Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Matter of City of New YorkNew York Court of Appeals · 1907
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
66 more not listed; retrieve them via the Exa API.