Shepard v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1900, affirming a judgment in favor of • plaintiff entered upon a decision of the court on trial at Special Term. This -is the usual action against the elevated railway companies for an injunction and damages.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 9, 1900, affirming a judgment in favor of • plaintiff entered upon a decision of the court on trial at Special Term. This -is the usual action against the elevated railway companies for an injunction and damages. The case was tried at Special Term in the first department, and the appeal from the judgment entered upon the decision was transferred to and heard by the Appellate Division in the sefeond department. The plaintiff is the owner of premises known as Mbs. 70 to 76…
1Opinion of the CourtWerner, J.
The judgment of affirmance by the Appellate Division was not unanimous, but as there is sufficient evidence to sustain the decision of the trial court, the only questions before us for review arise upon the exceptions taken at the trial.
It is claimed by the defendants that the trial court erred in refusing to dismiss the complaint, because the plaintiff has no right to maintain this action in his individual capacity. To understand this point we must briefly consider certain facts connected with the history of plaintiff’s title. In May, 1872, the premises in question were purchased by the…
2Cases cited5 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Foote v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
3Cited by11 opinions
- In re the City of New YorkNew York Supreme Court · 1926
- Matter of City of New YorkNew York Court of Appeals · 1908
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1915
- Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
- Shepard v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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