Scallon v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendants, The Manhattan Bailway 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 Mew York on the 5th day of July, 1905, upon the decision of the court rendered after a trial at the Mew York Special Term.
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Appeal "by the defendants, The Manhattan Bailway 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 Mew York on the 5th day of July, 1905, upon the decision of the court rendered after a trial at the Mew York Special Term. This action was commenced on the 4th day of October, 1902, for the taking of easements of light, air, access, etc., by the defendants through the maintenance of elevated' railroad tracks on Second avenue in Mew York city. The plaintiffs recovered a judgment awarding an injunction or…
1Concurrence
Houghton, J. (concurring):
The case of Hindley v. Manhattan Railway Co. (103 App.Div. 504) is, in principle, I think, applicable to the present case. I, therefore,'feel, constrained to concur in the opinion of Mr.- Justice Patterson. But for this former decision, however, I should be of the opinion that the defendant could and had obtained prescriptive rights ágainst,abntting owners, and that its occupation of the streets became hostile before the decision of .the courts in. 1882,-adjudging that the rights of abutting owners had been invaded, and that the purchase or recognition of the' rights…
2Cases cited1 opinion
- Hindley v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905