Israel v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of Rew York, entered January 26, 1895, affirming a judgment entered upon the decision of the court at Special Term dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal, though purporting to be upon the merits, was in fact a nonsuit. The evidence was such that a nonsuit was error.
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Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of Rew York, entered January 26, 1895, affirming a judgment entered upon the decision of the court at Special Term dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal, though purporting to be upon the merits, was in fact a nonsuit. The evidence was such that a nonsuit was error. (Place v. Hayward, 117 N. Y. 487; Raabe v. Squier, 148 N. Y. 81; Scofield v. Hernandez, 47 N. Y. 313; Forbes v. Chichester, 125…
1Opinion of the CourtVann, J.
This is the usual action by the owner of land abutting upon a public street occupied in part by the structure of an elevated railroad company.
The defendants’ road, commenced in December, 1877, and completed in June, 1878, extends through Sixth avenue, in the city of ¡New York, past the lands of the plaintiff on the southeast corner of said avenue and 40th street, with a frontage of 59 feet and 6 inches on the former and 100 feet on the latter, and until recently occupied by a building several stories high, known as the Hotel Royal.
The trial court found that the plaintiff had the usual…
2Cases cited8 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Bennett v. . BatesNew York Court of Appeals · 1884
- Schwinger v. . RaymondNew York Court of Appeals · 1880
- Bonnell v. . GriswoldNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- Whalen v. . StuartNew York Court of Appeals · 1909
- Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.