Kernochan v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York made February 13,1891, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This action was brought to recover damages, arising from the interference with plaintiffs’ easement in a street in Yew York city, by the construction and maintenance therein of an elevated railroad by defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of Yew York made February 13,1891, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial without a jury. This action was brought to recover damages, arising from the interference with plaintiffs’ easement in a street in Yew York city, by the construction and maintenance therein of an elevated railroad by defendant. Upon the trial a witness called by plaintiff, who testified that his business was that of appraiser of real estate, after testif ying in regard to the premises, their…
1Opinion of the CourtAndrews, J.
This case and several others now awaiting decision present the question whether the owner of premises in the city of ¡New York, who, after the construction of the elevated railroad in the street upon which the premises abutted, leased them for a term of years, can maintain an action for damages for the impairment of easements in the street appurtenant to his premises, by the. existence and maintenance of the road, suffered during the period in which the premises were in the actual occupation of tenants under the lease, or whether the right of action is in the lessee.
The case presents the…
2Cases cited2 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
3Cited by13 opinions
- Roberts v. New York CitySupreme Court of the United States · 1935
- City of Norwood v. SheenOhio Supreme Court · 1933
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Matter of City of New YorkNew York Court of Appeals · 1934
- Klin Co. v. New York Rapid Transit Corp.New York Court of Appeals · 1936
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