Pape v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Hew York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of’the clerk of the •county of Hew York on the 7th day of May, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term. The facts of this case will be found in the concurring opinion of Ingbaham, J.
1Opinion of the Court
O’Brien, J.:
The action is one brought to enjoin the operation of the defendants’ railroad upon the viaduct structure in Park avenue, and to .recover damages alleged to have resulted therefrom to the plaintiffs’ *177premises, which are known as No. 1812 Park avenue, located between One Hundred and Twenty-fourth and One Hundred and Twenty-fifth streets. The defendants’ title is derived from Isaac Adriance, and the same deed under which they claim was discussed in Welde v. New York & Harlem R. R. Co. (28 App. Div. 379; 168 N. Y. 597), and as the leading facts relating to the property were carefully…
2Cases cited13 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
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3Cited by3 opinions
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
- Dolan v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Champlain Stone & Sand Co. v. State of New YorkNew York Court of Claims · 1910