Uline v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 3, 1883, which affirmed an order denying a motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages alleged to have been caused to certain premises owned by plaintiff in the city of Albany, by the acts of defendant in raising Colonie street in front thereof.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 3, 1883, which affirmed an order denying a motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages alleged to have been caused to certain premises owned by plaintiff in the city of Albany, by the acts of defendant in raising Colonie street in front thereof. The material facts are stated in the opinion. Plaintiff can only recover the damages sustained previous to the bringing of the action, and it is error to allow a…
1Opinion of the CourtEarl, J.
Oolonie street runs at right angles with and crosses Broadway in the city of Albany, and the defendant’s railroad crosses the two streets diagonally at the place of their intersection, and had crossed there for at least forty years before the trial of this action. The plaintiff owned three houses and lots contiguous to each other situate on the northerly side of Oolonie street and easterly of Broadway and of the railroad. The lot numbers are 85, 83 and 81, numbered in this order from Broadway. Lots 85 and 83 extend only to the northerly side of Oolonie street, while lot 81 extends to the…
2Cases cited18 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Schell v. . PlumbNew York Court of Appeals · 1874
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Wells v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1890
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