Caccia v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Brooklyn Union Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 23d day of February, 1904, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action are the owners in fee of certain real estate in the borough of Brooklyn, fronting upon Myrtle avenue along and upon which the defendants are operating an elevated railroad. This is an ordinary equitable action to restrain the defendants from thus operating their railroad, unless the plaintiffs shall be paid for the easements taken by such elevated railroads, and has resulted in a judgment in favor of the plaintiffs, the amount of the damages being conceded, and the only question presented by the appeal being whether the defendants have heretofore…
2Cases cited1 opinion
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
3Cited by3 opinions
- Public Service Commission v. Westchester Street RailroadNew York Court of Appeals · 1912
- Naccash v. Hildansid Realty Corp.New York Supreme Court · 1931
- Hope v. SeamanNew York Supreme Court · 1909