Reilly v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the- defendants, The Manhattan Railway 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 New York on the 25th day of November, 1898, .upon the decision of the court rendered after a trial at the New York Special Term.
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. Appeal by the- defendants, The Manhattan Railway 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 New York on the 25th day of November, 1898, .upon the decision of the court rendered after a trial at the New York Special Term. This action was-brought to enjoin the operation and maintenance of the defendants’ road upon First avenue in the city of New York in front of the plaintiffs’ premises and to recover past damages. Further facts are stated in the dissenting opinion. .
1Opinion of the Court
Barrett, J;
While concurring in other respects in the opinion of Mr. Justice. Patterson, I am unable to agree with him as to the rulings concerning No. 354 East Thirteenth street. - This is the westerly twenty-*81one feet of the premises in suit, having this frontage upon Thirteenth street, and a depth equal to the width of the property upon First avenue. Upon the first floor of this portion of the lot there is a store, with apartments above it. There is but one building upon the whole lot, but it 'plainly appears that this rear portion of it is quite separate and distinct from the front. The…
2Cases cited1 opinion
- Keene v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894
3Cited by2 opinions
- Gaines v. City of CalhounCourt of Appeals of Georgia · 1930
- Burde v. City of St. JosephMissouri Court of Appeals · 1908