Purdy v. Manhattan Elevated Railway Co.
New York Court of Common Pleas
Appeal from equity term. . Action by Elvira Purdy against the Manhattan Railway Company and the Metropolitan Elevated Railway Company, for an injunction to restrain the maintenance and operation of defendants’ railway in the street frbnting plaintiff’s premises, and for the recovery of past damages therefrom. Defendants appeal from a, judgment for plaintiff entered on trial by the court without a jury.
1Opinion of the CourtPryor, J.
The action is for injunctive relief; and the fundamental question on the trial was: Was the plaintiff entitled to that relief? A clear conception of the principles upon which the action proceeds is indispensable to the right determination of this appeal. The injury of which the plaintiff complains, and which constitutes her cause of action, is the taking her property without just compensation. Story v. Railroad Co., 90 N. Y. 122; Lahr v. Railway Co., 104 N. Y. 268, 10 N. E. Rep. 528. The property of which she has been wrongfully deprived is her easements in the highway. But, except as…
2Cases cited27 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Baker v. . DrakeNew York Court of Appeals · 1873
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gulf & Ship Island Railroad v. BarnesMississippi Supreme Court · 1909
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1892
- Rich v. Manhattan Ry. Co.New York Court of Common Pleas · 1892
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
- Nette v. New York Elevated RailroadNew York Court of Common Pleas · 1892
7 more not listed; retrieve them via the Exa API.