Ward v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 20, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing plaintiff’s complaint upon the merits.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 20, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing plaintiff’s complaint upon the merits. This action was commenced in October, 1890, to enjoin the defendants from operating their road in front of the plaintiff’s premises, known as numbers 238, 240 and 242 South Fifth avenue, in the city of Few York, and to recover damages for interfering with the light, air and access thereto, by reason of the…
1Opinion of the CourtMartin, J.
The opinion of the learned General Term, in which all the questions involved in this case are fully considered, renders any extended discussion of them unnecessary, and we need do little more than to announce our conclusions.
The first question to be determined is whether the release executed hv the plaintiff’s grantor to the defendants effected an abandonment of her easement of light, air and access afforded by the street in front of the premises. Relying upon the case of White v. Manhattan R. Co. (139 N. Y. 19), the courts below held it did. We think the doctrine of that case, which was…
2Cases cited11 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Phelan v. . BradyNew York Court of Appeals · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Miles v. De SapioAppellate Division of the Supreme Court of the State of New York · 1983
- Colón v. Plazuela Sugar Co.Supreme Court of Puerto Rico · 1935
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Conabeer v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
9 more not listed; retrieve them via the Exa API.