Story v. New York Elevated Railroad
New York Court of Common Pleas
Trial, by the court, of an action for an injunction. This action was brought by Rufus Story against The New York Elevated Railroad Company to enjoin them from constructing their elevated railroad in Front street in the city of New York in front of the plaintiff’s premises. The plaintiff was the owner of Nos. 7 and 9 Front street, and claimed also to own one-half of the street in front.
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Trial, by the court, of an action for an injunction. This action was brought by Rufus Story against The New York Elevated Railroad Company to enjoin them from constructing their elevated railroad in Front street in the city of New York in front of the plaintiff’s premises. The plaintiff was the owner of Nos. 7 and 9 Front street, and claimed also to own one-half of the street in front. His title was derived through two water grants from the city corporation, one dated May 26, 1773, to Thomas Allison, and the other dated Dec. 2, 1773, to Isaac de Peyster, both of which embraced the entire bed…
1Opinion of the CourtRobinson, J.
Feeling conscious that the character and importance of this case, and the extent of the interests involved, exact from the court the most diligent and prompt consideration, after a trial protracted ■through two weeks, and hearing the elaborate arguments of the learned counsel engaged in the case, I have hastened to bestow upon its consideration such time and attention as a regard for the other multifarious judicial duties and claims upon me, while daily holding court, has permitted. I am conscious that from such intermittent considerations of the subjects involved, I may fail to give due…
2Cases cited12 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
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- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
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