Wehrenberg v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York, New Haven and Hartford Eailroad Company, from an interlocutory 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 29th day of October, 1907, upon the. decision of the court, rendered, after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to' the third separate defense of new matter contained in the defendant’s answer.
1Opinion of the Court
Clarke, J.:
The action was brought on April 6, 1907, to recover damages for trespass alleged to have been committed by this defendant by reason of its operation of passenger trains upon the railroad structure in Park avenue,, opposite the premises Ho. .1481 Park avenue, the northeast, corner of One Hundred and Eighth street. The claim to damages is limited to the time of the plaintiff’s ownership of the premises in question, to wit, from January 4, 1889, to April 29,1896. The answer, besides setting up certain denials of material allegations of the complaint,- set up as a third separate…
2Cases cited4 opinions
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- McClure v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1899
- Thompson v. Tioga Rail RoadNew York Supreme Court · 1861
3Cited by6 opinions
- Davis v. Smokeless Fuel Co.Court of Appeals for the Second Circuit · 1912
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Burke v. Galveston, Houston & Henderson RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Davis v. Smokeless Fuel Co.Court of Appeals for the Second Circuit · 1912
- State Ex Rel. Schones v. Town of CanuteSupreme Court of Oklahoma · 1993
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