O'Sullivan v. New York Elevated Railroad & Manhattan Railway Co.
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 5th day of August, 1896, 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 an order of the Superior Court of the city of New York, entered in the office of the clerk of said court on…
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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 5th day of August, 1896, 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 an order of the Superior Court of the city of New York, entered in the office of the clerk of said court on the 26th day of November, 1895, continuing the. action and substituting parties plaintiff.
1Opinion of the Court
Patterson, J.:
This is one of the ordinary suits brought to restrain the operation of elevated railways and, as incidental thereto, to recover damages for impairment of rental values caused by the maintenance of the-defendants’ structure and the use of the same as a railway in front, of the plaintiffs’ premises. The .subject of fee damage has been eliminated from the case, that matter having been settled by the' defendants making compensation (since the judgment herein was-entered) for the easements taken. We have, therefore, to consider only so much of the case as is involved in the claim for…
2Cases cited2 opinions
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
3Cited by2 opinions
- Lyons v. New York El. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Charman v. HibblerAppellate Division of the Supreme Court of the State of New York · 1899