Van Allen v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by George W. Van Allen against the New York Elevated Railroad Company and the Manhattan Railway Company to recover damages caused by the construction and operation of defendants’' elevated railroad in front of the plaintiff’s premises, No. 242 East Thirty-Fourth street, and for an injunction to restrain the further maintenance and operation of the said road.
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Appeal from judgment on report of referee. Action by George W. Van Allen against the New York Elevated Railroad Company and the Manhattan Railway Company to recover damages caused by the construction and operation of defendants’' elevated railroad in front of the plaintiff’s premises, No. 242 East Thirty-Fourth street, and for an injunction to restrain the further maintenance and operation of the said road. Issue was joined in the action on November 2, 1889, the property was conveyed by plaintiff on December 15, 1890, and on February 10, 1891, a reference was stipulated for by the parties.…
1Opinion of the Court
PRYOR, J.,
(orally.) The precise point now presented has not appeared in any other case. Hitherto the question was whether, when a party sues in equity, upon equitable grounds alone, claiming equitable relief only, and failing to establish that he ever had any title to equitable relief, he might still proceed as in an action at law, and recover a money judgment for damages. The decision both of this court and of the court of appeals was against such a contention. Here it appears that, when the action was instituted, the plaintiff had a valid claim to equitable relief, (the referee so finds;)…
2Cited by4 opinions
- Domschke v. Metropolitan Elevated Railway Co.New York Supreme Court · 1893
- Smith v. Ingersoll-Sergeant Rock-Drill Co.New York Court of Common Pleas · 1894
- Whaley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Van Allen v. Manhattan Elevated RailroadNew York Court of Common Pleas · 1893