Legal Opinion

Hynes v. Manhattan Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 1 opinion

Appeal by the defendants, The Manhattan Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the -23d day of June, 1899, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Patterson, J.:

This is an ordinary action against an elevated railway company for an injunction and for damages to rental value. The premises are No. 1938 Third avenue, on the southwest corner of One Hundred and Seventh street, with a frontage of twenty feet and a depth of seventy-three feet. The plaintiff became the owner of the premises in 1885. The action was commenced in 1890, and the court allowed $R500 for damage to the fee value and $2,081 rental damage, being at the rate of $150 a year for fourteen years. There are three • tracks in front of the premises,-two on either side of Third…

2Cases cited2 opinions

  1. Bookman v. New York Elevated RailroadNew York Court of Appeals · 1895
  2. Otten v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. State Highway Commission v. StumboOregon Supreme Court · 1960

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