Legal Opinion

Welde v. New York & Harlem Railroad

New York Supreme Court

Decided August 15, 1899PublishedCited by 1 opinion

This action was commenced on the 10th day of October, 1895,. and was brought to obtain an injunction to restrain the defendant,, the New York & Harlem Railroad Company, and its lessee, the New York Central & Hudson River Railroad Company, from constructing and maintaining their elevated railroad structure on Fourth (now Park) avenue, in the city of New York, in front of the plaintiff’s premises, which are situate on the northwesterly comer of Park avenue and One Hundred and…

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This action was commenced on the 10th day of October, 1895,. and was brought to obtain an injunction to restrain the defendant,, the New York & Harlem Railroad Company, and its lessee, the New York Central & Hudson River Railroad Company, from constructing and maintaining their elevated railroad structure on Fourth (now Park) avenue, in the city of New York, in front of the plaintiff’s premises, which are situate on the northwesterly comer of Park avenue and One Hundred and Twenty-fourth street, and from operating their railroads thereon, and to recover-damages for loss in the rental and fee…

1Opinion of the CourtWebster, J.

It is conceded that Isaac Adriance is the common source of title herein. The New York & Harlem Railroad Company took its title directly from him on the 18th of January, 1832. The plaintiff acquired his title January 29, 1883. The lands described in his deed are situated on the northwesterly comer of Park avenue and One Hundred and Twenty-fourth street, fronting one hundred feet and eleven inches on said avenue and eighty-nine feet and seven inches on said street. The whole of the frontage on Park avenue and about seventy feet in depth on One Hundred and Twenty-fourth street is occupied by two…

2Cases cited2 opinions

  1. Taylor v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  2. Welde v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900

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