Moller v. New York Central R.R. Co.

We are to determine whether the Supreme Court has jurisdiction to award damages claimed by a landowner for injury to the fee of his land and the impairment of easements of light, air and access in an abutting public street in which an elevated railroad structure has been erected as a part of work concededly completed pursuant to the New York City Grade Crossing Elimination Act (L. 1928, ch. 677, as amd.; McKinney’s Cons. Laws, Book 65, §§ 2041-2056).

The question is presented by plaintiff’s appeal, on constitutional grounds, from a judgment entered upon an order of the Appellate Division…