Legal Opinion

White v. Manhattan Railway Co.

New York Court of Appeals

Decided October 3, 1893PublishedCited by 57 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 14, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at ¡Special Term. This was an action by the abutting owners of certain property on Chatham square, in the city of New York, to restrain the operation and maintenance, by defendants, of their road in front of said premises and for damages.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 14, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at ¡Special Term. This was an action by the abutting owners of certain property on Chatham square, in the city of New York, to restrain the operation and maintenance, by defendants, of their road in front of said premises and for damages. The facts, so far as material, are stated in the opinion. The plaintiffs are precluded from maintaining this action by the…

1Opinion of the CourtPeckham, J.

On the 28th day of July, 1887, the plaintiffs became owners of certain land, with the buildings thereon, situated on Chatham square, in the city of Mew York. They are respectively the widow and daughter of one James H. White, who died on the above date in the possession and ownership of the premises, and who devised the same to the plaintiffs.

The railroad of the defendants was at that time in operation in Chatham square, and on the 30th day of July, 1888, the plaintiffs commenced this action for the purpose of recovering damages which they alleged had been already sustained by them from the…

2Cases cited6 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. People v. . O'BrienNew York Court of Appeals · 1888
  3. Wiseman v. . LucksingerNew York Court of Appeals · 1881
  4. Snell v. . LevittNew York Court of Appeals · 1888
  5. Hammond v. . ZehnerNew York Court of Appeals · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Black v. Elkhorn Mining Co.Supreme Court of the United States · 1896
  2. Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
  3. Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
  4. Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
  5. Doane v. Chicago City Railway Co.Illinois Supreme Court · 1895

52 more not listed; retrieve them via the Exa API.

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