Bach v. New York Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Magdalena Bach against the New York Elevated Railway Company and others.
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Appeal from special term, New York county. Action by Magdalena Bach against the New York Elevated Railway Company and others. The prayer of the complaint was as follows: “First, that the defendants, and each of them, be enjoined and restrained during the plaintiff’s life from maintaining and operating the said elevated railway and railway structure in the said Ninth avenue, past and in front of the plaintiff’s said premises; second, that the defendants, and each of them, he ordered and decreed to take down and remove the said elevated railway structure in the said Ninth avenue past and in…
1Opinion of the CourtVan Brunt, P. J.
This action was brought for an injunction and damages arising from a trespass committed by the erection of the defendants’ railroad in front of premises 360 Ninth avenue. Upon the opening of the trial of the case, and the proof of the title of the plaintiff, it appeared that the only interest in the premises which the plaintiff had was that of a life-tenant, provided she so long remained unmarried. Objection was then taken to proceeding with the case, because the proper parties were not before the court, which objection was overruled, and exception taken; and the court, having ascertained the…
2Cited by4 opinions
- Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907
- Knapp v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Knapp v. New York Elevated RailroadThe Superior Court of New York City · 1893
- Thompson v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897