Peyser v. Metropolitan Elevated Railway Co.
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a ■new trial. The action was brought to recover damages for the erection, maintenance and operation of an elevated railroad structure in front of the plaintiffs dwelling-house, No. 106 Amity Street.
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Appeal from a judgment of this court entered upon the verdict of a jury, and from an order denying a motion for a ■new trial. The action was brought to recover damages for the erection, maintenance and operation of an elevated railroad structure in front of the plaintiffs dwelling-house, No. 106 Amity Street. The complaint set forth that Amity Street was opened under the act of April 19th, 1813; that plaintiff owned the house, and had an easement in the street for light, aii' and access; that defendant took possession of the street and erected a permanent structure thereon, which deprived…
1Opinion of the CourtVan Brunt, J.
The counsel for the respondents have claimed that the decision of the case of Story v. New York *124Elevated R. R. Co. by the Court of Appeals, does not apply to the case at bar, because the deed from the city of the Story lot contained a covenant that Front Street should be and remain an open street forever, and no such covenant can be shown by the plaintiff in respect to this lot.
• What the plaintiff does show is, that the street in front of his lot was opened under the act of 1813, and the presumption is that the abutting owners paid for the said street by being assessed for the benefits which…
2Cases cited1 opinion
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
3Cited by5 opinions
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
- Smith v. New York El. R.New York Court of Common Pleas · 1892
- Kane v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1889
- Johnson v. New York El. R.New York Court of Common Pleas · 1891
- Johnson v. New York Elevated RailroadNew York Court of Common Pleas · 1894