Legal Opinion · Dissent

McCabe v. . City of New York

New York Court of Appeals

Decided January 12, 1915Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15,1913, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. May 20th, 1907, Hannah A. McCabe became the owner of a certain piece of land in Long Island City, borough of Queens, city of New York, situate on the northerly side of Thomson avenue,, having a frontage thereon of seventy-five feet, and a frontage on- Purvis avenue of one hundred feet. The property in question was and is vacant and unimproved. Hannah McCabe…

1Dissent

Collin, J. (dissenting).

The action is to compel the defendants to remove an embankment constructed by them upon the entire surface of the part of a street in front of plaintiffs’ lot, whereby access to the lot from the street as existing was destroyed, and to recover the damages caused by it. It was tried without a jury. The judgment entered upon the decision of the court awarded to the plaintiffs damages in the sum of $10,860, and an injunction restraining the maintenance of the embankment, to become inoperative, however, upon the payment of the sum of the damages. It was unanimously…

2Cases cited18 opinions

  1. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  2. Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
  3. Sauer v. . City of New YorkNew York Court of Appeals · 1904
  4. Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
  5. Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886

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