Abendroth v. Manhattan Ry. Co.
The Superior Court of New York City
Appeal from a judgment of the special term dismissing the plaintiff’s complaint on the merits, with costs. The Special Term (52 Super. Ct. [J. & S.] 274) held that plaintiff could not recover, because he had no property in Pearl street, which was opened *rior to the conquest of the New Netherlands, and on such conquest vested in fee in New York City. See the facts stated post, pp. 254 el seq.
1Opinion of the CourtTruax, J.
The judgment in this case must be reversed, irrespective of the question which seems to have wholly 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 defendant emit smoke, gas, steam and cinders, which at times have entered…
2Cases cited11 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- 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
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