Livingston v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Actions by Morgan L. Livingston and Silvia Livingston against the Manhattan Bailway Company and the Metropolitan Elevated Bail way Company, by Silvia Livingston against the same companies, and by Julia Livingston against the same companies, for an injunction, and for damages by reason of the construction, maintenance, and operation of defendants’ elevated railroad in front of plaintiffs’ several premises.
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Appeal from special term. Actions by Morgan L. Livingston and Silvia Livingston against the Manhattan Bailway Company and the Metropolitan Elevated Bail way Company, by Silvia Livingston against the same companies, and by Julia Livingston against the same companies, for an injunction, and for damages by reason of the construction, maintenance, and operation of defendants’ elevated railroad in front of plaintiffs’ several premises. The three cases were tried on substantially the same state of facts before the same referee, who reported for plaintiffs. Defendants appeal from an order of the…
1Opinion of the CourtFreedman, J.
In each of the above-entitled actions the defendants moved that the report of the referee be vacated and set aside, and that the action be sent back to the referee, and that he be directed to make a report including all of the facts found by him and all the conclusions of law found thereon. The motions were denied, and.the defendants appealed. Each of these actions was „the usual action by an abutting owner for an injunction, and for damages by reason of the construction, maintenance, and operation of an elevated railroad in front of such owners’ premises. By consent of the parties, the…
2Cases cited10 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Green v. . RoworthNew York Court of Appeals · 1889
- Beck v. . SheldonNew York Court of Appeals · 1872
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Rogers v. . WheelerNew York Court of Appeals · 1873
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3Cited by5 opinions
- Bates v. BatesThe Superior Court of the City of New York and Buffalo · 1894
- Berg v. Worker's Compensation Commission (Department of Public Health and Social Services)Superior Court of Guam · 2012
- Hunter v. Manhattan Railway Co.The Superior Court of New York City · 1892
- Hunter v. Manhattan Ry. Co.The Superior Court of the City of New York and Buffalo · 1892
- Walrath v. AbbottNew York Supreme Court · 1895