Mooney v. New York Elevated Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 22, 1896, reversing a judgment of the Superior Court of the city of Mew York in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court had undoubted power to make Cohen and Scallion parties plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 22, 1896, reversing a judgment of the Superior Court of the city of Mew York in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court had undoubted power to make Cohen and Scallion parties plaintiff. (Koehler v. N. Y. E. R. R. Co., 159 N. Y. 218.) Mo error prejudicial to the defendants was committed by the trial court in making…
1Opinion of the CourtO’Brien, J.
This is the usual action by a property owner against a railroad to restrain its operation, by injunction, and for damages. The action was originally brought in the name of the plaintiff Daniel Mooney on the 1st of December, 1890. At that time he was clearly entitled to maintain the action. On the trial of the case before the court at Special Term it appeared that, pending the action and on the 15th of April, 1891, Mooney conveyed the premises to the plaintiff David Cohen. In this conveyance Mooney reserved the easements of light, air and access as taken and used by the defendants, *245and all the…
2Cases cited3 opinions
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Domschke v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1896
3Cited by1 opinion
- Bily v. Allegheny County Board of Property Assessment, Appeals & ReviewSupreme Court of Pennsylvania · 1945