Sander v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Frederick W. Sander against the New York & Harlem Railroad Company and another," to restrain the construction of defend-ants’ elevated railroad and to recover damages therefor. From a judgment awarding the damages, restraining the construction in part, both parties appeal.
1Opinion of the CourtIngraham, J.
This action was brought to restrain the defend.ants from occupying with their elevated railroad structure certain portions of Fourth avenue in front of the plaintiff’s premises on the northwest corner of 116th street and Park avenue, and to recover the damages caused thereby. It would appear that prior "to the year 1826 one Peter Poillon was the owner of a tract of land which includ<ed the plaintiff’s property, the fee of Fourth avenue, and the land on the opposite sides thereof. Fourth avenue had been laid out as a public street by the commission appointed under chapter 115 of the Laws of…
2Cited by1 opinion
- Muhlker v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901