Koehler v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the New York Elevated 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 New York on the 30th day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term, with notice! of an intention'to bring up for review upon such appeal an order entered in said clerk’s office on the 15th day of September, 1894, 'bringing…
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Appeal by the defendants, the New York Elevated 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 New York on the 30th day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term, with notice! of an intention'to bring up for review upon such appeal an order entered in said clerk’s office on the 15th day of September, 1894, 'bringing in an additional party plaintiff. ' ' • This is: one of the ordinary actions brought against these defends ants for "an…
1Opinion of the Court
Barrett, J.;
The sole question here is as to the legal effect of a paper .signed by the. plaintiffs’ predecessor in title' addressed to certain commissioners appointed by the General Term of the Supreme Court, requesting these commissioners to determine that the defendants’ road ought to be constructed and operated on the route previously designated by, the rapid transit commissioners appointed under chapter 606 of the Laws of 1875. That route' included the line of the elevated railway in front of " the plaintiffs’ premises. The defendants claim that by his signature to this request the…
2Cases cited1 opinion
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
3Cited by1 opinion
- Farmers' Loan & Trust Co. v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1912