Abendroth v. Manhattan Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior 'Court of the city of New York, made May 12, 1887, which reversed a judgment of the Special Term dismissing the complaint on the merits and which granted a new trial.
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Appeal from order of the General Term of the Superior 'Court of the city of New York, made May 12, 1887, which reversed a judgment of the Special Term dismissing the complaint on the merits and which granted a new trial. This action was brought in November, 1883, to recover damages to plaintiff’s property on Pearl street in the city of New York, alleged to have been caused by the erection and operation by defendants of an elevated railroad in said street; also to restrain the defendants from maintaining or operating the road, and to compel them to remove it. "When the inhabitants of the…
1Opinion of the Court
Follett, Ch. J.
The principal questions involved in this' appeal are: (1) Has the- plaintiff, by his ownership of a lot abutting on Pearl street, private- rights or rights of property therein ? (2) Have the defendants taken or materially impaired those rights, if any the plaintiff has, within the meaning of the Constitution ? The term “ abutting owner ” will be used in this judgment to denote a person having land bounded on the side of -a public street and having'no title or estate in its bed or soil, and no interests or private rights in the street except such as are incident to lots so…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Lansing v. SmithNew York Supreme Court · 1828
- Fanning v. . OsborneNew York Court of Appeals · 1886
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Selden v. City of JacksonvilleSupreme Court of Florida · 1891
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Woodruff v. . PaddockNew York Court of Appeals · 1892
- Ridgway v. City of OsceolaSupreme Court of Iowa · 1908
22 more not listed; retrieve them via the Exa API.