Pope v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Sylvester Pope and another, as executors of Josephine Iv. Peyton, deceased, against the Manhattan Railway Company and the New York Elevated Railroad Company. From an order granting a motion to bring in the grantee of the executors as a party plaintiff, defendants appeal. Affirmed.
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Appeal from special term, New York county. Action by Sylvester Pope and another, as executors of Josephine Iv. Peyton, deceased, against the Manhattan Railway Company and the New York Elevated Railroad Company. From an order granting a motion to bring in the grantee of the executors as a party plaintiff, defendants appeal. Affirmed. The action is the ordinary one in equity for injunction and damages as against the defendants for the operation of their elevated railway in front of plaintiff’s premises, and was originally brought by Josephine L. Peyton, and after her death, in 1895, was revived…
1Opinion of the CourtO’Brien, J.
It has been repeatedly held that the supreme court has full discretionary power to join consecutive owners in one suit, or refuse to do so (Mooney v. Railroad Co., 163 N. Y. 242, 57 N. E. 496), and that the court of appeals will not review the exercise of that power by the supreme court (Koehler v. Railroad Co., 159 N. Y. 218, 53 N. E. 1114). This latter case is also authority for the proposition that, where the present owner is brought in as a plaintiff, the equitable features are preserved, and the suit may thereafter be continued as a suit in equity. Where, however, the present owner is…
2Cases cited9 opinions
- Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
- Mooney v. . N.Y. El. R.R. Co.New York Court of Appeals · 1900
- Stokes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Lindenheim v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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