Otten v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Otten, from a judgment of the Superior Court of the city of New York in favor of the defendant, entered in the office of the clerk of said court on the 16th day of August, 1894, upon the decision of the court rendered after a trial at a Special Term of said court,
1Opinion of the Court
Ingraham, J :
This action, brought to restrain the defendant from a continuous trespass upon the plaintiff’s easement in Columbus avenue, near Ninety-eighth street, in the city of New York, was decided in favor of the defendant upon the ground that the evidence did not show that the injury sustained by the plaintiff in consequence of the trespass exceeded the benefit to the plaintiff’s property from the maintenance and operation of the defendant’s railroad.
The decision of the court upon ivhich the judgment was entered was one stating concisely the grounds upon which the issues had been…
2Cases cited1 opinion
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
3Cited by8 opinions
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- State Highway Commission v. StumboOregon Supreme Court · 1960
- Fletcher v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1935
- Hynes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Wetterau v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3 more not listed; retrieve them via the Exa API.