Abendroth v. New York Elevated Railroad
The Superior Court of New York City
Appeal from a judgment of the Special Term dismissing the plaintiff’s complaint with costs. Action for injunction and damages.
1Opinion of the CourtTruax, J.
The judgment in this case must be reversed, irrespective of the question which seems to have solely influenced the learned judge before whom the case was tried.
It is immaterial, for the purposes of this case, whether the plaintiff has or has not any interest in the fee of Pearl street in front of and adjacent to his premises, or any easement in the street,—and for the following reasons:
The judge, before whom the case was tried, found in his twelfth, thirteenth and fourteenth findings of fact that the engines used by the defendants, emit smoke, gas, steam and cinders, which at times have…
2Cases cited9 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- McKeon v. . SeeNew York Court of Appeals · 1873
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3Cited by2 opinions
- Dry Gulch Ditch Co. v. HuttonOregon Supreme Court · 1943
- Stroub v. Manhattan Railway Co.The Superior Court of New York City · 1891