Woodworth v. Brooklyn Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Brooklyn Elevated Railroad Company another, in each of the above-entitled actions, from an interlocutory judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions, entered in the office of the cleric of the county of Kings on the 25th day of February, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term, overruling the joint demurrer of the defendants to the supplemental…
Read the full summary
Appeal by the defendants, the Brooklyn Elevated Railroad Company another, in each of the above-entitled actions, from an interlocutory judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions, entered in the office of the cleric of the county of Kings on the 25th day of February, 1898, upon the decision of the court rendered after a trial at the Kings County Special Term, overruling the joint demurrer of the defendants to the supplemental complaints of the plaintiff in each of the above-entitled actions. The same points were involved in-the four…
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action, or series of actions involving the same points, are the owners of a house in Lexington avenue, Brooklyn, known as No. 41 of said street. The defendant corporation, of which the defendant Uhlmann has been appointed receiver in mortgage foreclosure proceedings, has constructed an elevated railroad in and along said Lexington avenue, passing the residence of these plaintiffs. It is alleged in the complaint that the defendant company has “ taken and appropriated to its own use part of the plaintiff’s easement of air, light and access in and to said…
2Cases cited6 opinions
- Decker v. . GardnerNew York Court of Appeals · 1891
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- United States Trust Co. v. New York West Shore & Buffalo Railway Co.New York Court of Appeals · 1886
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Whiting v. Elmira Industrial Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Dedrick v. Port Jervis Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Pedersen v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Pope v. KellyNew York Supreme Court · 1898
- Packer v. Louis De Jonge & Co.Appellate Division of the Supreme Court of the State of New York · 1919
2 more not listed; retrieve them via the Exa API.