March v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. March, from an order of the 'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the comity of New York on the 27th day of August, 1901, denying so much of the plaintiff’s motion for •an injunction pendente lite as related to the injury and destruction ■of his easements in the streets; also from an order entered in said ■clerk’s office on the 24th day of September, 1901, denying so much-of plaintiff’s…
Read the full summary
Appeal by the plaintiff, James E. March, from an order of the 'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the comity of New York on the 27th day of August, 1901, denying so much of the plaintiff’s motion for •an injunction pendente lite as related to the injury and destruction ■of his easements in the streets; also from an order entered in said ■clerk’s office on the 24th day of September, 1901, denying so much-of plaintiff’s motion for an injunction pendente lite as related to the entry upon his premises and the underpinning of his buildings by…
1Per curiam
The action was brought to restrain the defendants from entering upon plaintiff’s premises on the northeast corner of Elm and Spring streets and underpinning his buildings, and from making excavations in the streets in front thereof for their underground rapid transit railroad, tunnel and. station. It is conceded that the city owns the fee in the streets, that the board of rapid transit railroad commissioners was empowered by the Legislature to enter into the contract under which the work is being done for and on behalf of the city, and that the Rapid Transit Act (Laws of 1891, chap. 4, as…
2Cases cited3 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Bates v. HolbrookNew York Supreme Court · 1901
3Cited by3 opinions
- In re LowAppellate Division of the Supreme Court of the State of New York · 1908
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Potter v. Interborough Rapid Transit Co.New York Supreme Court · 1907