Messenger v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of E"ew York, entered upon an order made February 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to refuse to find that plaintiff had no easements of quiet, privacy or conspicuousness.
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Appeal from judgment of the General Term of the Superior Court of the city of E"ew York, entered upon an order made February 13, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to refuse to find that plaintiff had no easements of quiet, privacy or conspicuousness. (Kane v. N. Y. E. R. Co., 125 N. Y. 164; 2 R. L. 1813, chap. 408, § 178.) The exceptions taken by the defendants are not sufficiently specific to bring the questions…
1Opinion of the CourtEarl, J.
The plaintiff, an abutting owner of property on Second avenue in the city of Eew York, brought this action to recover a judgment against the defendants to restrain them from maintaining and operating their road in the avenue in front of his premises, and also for damages. The action was brought to trial and the plaintiff recovered judgment assessing his fee damages at $2,000, and staying the operation of their road until that sum should be paid, providing, however, that they should pay only $1,500 if they removed their station, stairs and approaches, leaving the railway structure to stand and…
2Cases cited1 opinion
- Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
3Cited by7 opinions
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1900
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- Betjeman v. New York Elevated RailroadNew York Court of Common Pleas · 1892
- Hadden v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894
- Nette v. New York Elevated RailroadNew York Court of Common Pleas · 1892
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