Stroub v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Action by John L. Stroub against the Manhattan' Bail way Company to restrain defendant from constructing an add itional track in front of plaintiff’s premises. Plaintiff moves to continue preliminary injunction.
1Opinion of the CourtTruax, J.
The plaintiff is the lessee of premises situate on the east side of Third avenue, between 128th and 129th streets. The lease to him is from May 1, 1887, to May I, 1897. Since the making of the lease the defendant has purchased the fee of the property. The defendant is about to construct in front of plaintiff’s premises a track or tracks leading from the line on Third avenue into 129th street, and the plaintiff asks an injunction restraining it from so doing. There is now a portion of the defendant’s structure in front of tlie premises occupied by the plaintiff, and it is to be noticed that…
2Cases cited2 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Dusenbury v. Mutual Union Telegraph Co.New York Supreme Court · 1882
3Cited by1 opinion
- Stroub v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891