Koehler v. New York Elevated Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1896, upon an order affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1896, upon an order affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs having failed to prove an essential element of the cause of action set up in the complaint, the court erred in refusing to dismiss the complaint. (Ward v. M. E. R. Co., 152 N. Y, 39 ; White v. M. R. Co., 139 N. Y. 19 ; White's Bank v. Nichols,…
1Opinion of the CourtBartlett, J.
This is one of the usual elevated .railroad suits, praying for fee and rental damages .and injunction.
Koehler was originally sole plaintiff, but pending the action he conveyed to one Goldstein. On the 15th day of September, 1894, the Supreme Court made an order joining Goldstein as an additional party plaintiff. The defendants had notice of the motion and contested the same.
The trial of the cause began on the 12th day of February, 1895, some five months after Goldstein was brought in as a party plaintiff, and resulted in a judgment for the plaintiffs, which required that, upon tender of the…
2Cases cited4 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
3Cited by21 opinions
- Mendez v. BowieCourt of Appeals for the First Circuit · 1941
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Mooney v. . N.Y. El. R.R. Co.New York Court of Appeals · 1900
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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