Driscoll v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Union Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of December, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hooker, J.:
This is an ordinary action in equity to enjoin the maintenance and operation of an elevated railroad in one of the streets of the borough of Brooklyn, in front of the premises owned by the plaintiff. Among the allegations of the complaint is the following: “IX. That none of the several owners of said premises at any time consented to the erection of said structure or the running of said trains, and the defendants have never acquired the easements, property right or ownership of the plaintiff in said street.” Nowhere in the answer are the allegations of this paragraph in the…
2Cases cited5 opinions
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Marx v. GrossThe Superior Court of New York City · 1893
- Ramsay v. BarnesNew York Court of Common Pleas · 1891
- East River Electric Light Co. v. ClarkNew York Court of Common Pleas · 1892
- Hand v. Belcher Mosaic Glass Co.City of New York Municipal Court · 1890