Brush v. New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1913, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, The New York, New Haven and Hartford Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1913, upon the decision of the court after a trial at the New York Special Term. Appeal by the defendant, The City of New York, from so much of the aforesaid judgment as restrains the defendant railroad from using the bridge described in the complaint, and directs its removal. The judgment required the defendant railroad company to remove a bridge and the approaches…
1Opinion of the Court
Scott, J.:
The object of attack in this action is a bridge and- its approaches, erected by the defendant railroad company for the purpose of carrying Baychester avenue over the tracks of said . company. Plaintiff is the owner of lots on Baychester avenue in front of the approach to the bridge. It has been found that the erection and maintenance of said approach has injured the value of plaintiff’s said property to the extent of $700, and the judgment appealed from requires the abatement of the alleged nuisance or, in the alternative, the payment of the ascertained damages.
The Harlem River and…
2Cases cited6 opinions
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Smith v. . Boston Albany Railroad Co.New York Court of Appeals · 1905
- Bernhard v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1908
- In Re the Opening of Ludlow StreetNew York Court of Appeals · 1902
- Bernhard v. . City of RochesterNew York Court of Appeals · 1909
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