Sauer v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, ■ are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, ■ are stated in the opinion. Plaintiff’s easements of light, air and access in and over One Hundred and Fifty-fifth street and Eighth avenue are property of which, under the Constitution, he cannot be deprived without compensation. (Story v. El. R. R. Co., 90 N. Y. 122; Lahr v. El.…
1Opinion of the CourtHaight, J.
This action was brought to enjoin the defendant from using a viaduct constructed, in 1893, along 155th street, with approaches from Eighth avenue, in the city of New York, to compel the removal of the same and to recover damages. The plaintiff is the owner of premises situated on the southwesterly corner of Eighth avenue and One Hundred and Fifty-fifth street, on which he maintained a frame building known as the “ Atlantic Casino,” as a public resort for recreation and amusement, until the same was destroyed by fire in 1897. The city of New York is the owner in fee of 155th street and 8th…
2Cases cited4 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Chicago v. TaylorSupreme Court of the United States · 1888
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
3Cited by70 opinions
- Crane v. HahloSupreme Court of the United States · 1922
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Jones Beach Boulevard Estate, Inc. v. MosesNew York Court of Appeals · 1935
- Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
- Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
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