Moore v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Eliza Jane Moore against the New York Elevated Railroad Company and the Manhattan Railway Company to recover damages for alleged injury to the rental value of plaintiff’s premises, known as “371 Greenwich Street,” caused by the maintenance and operation of defendants’ elevated railroad. Judgment for defendants, entered on a verdict in their favor. Plaintiff appeals.
1Opinion of the CourtBischoff, J.
The action was by an abutting owner to recover damages for injury to the value of her premises, caused by the maintenance and operation of defendants’ elevated railway. The complaint alleged ownership of the premises and easements in the street, and the answer denied it. On the trial plaintiff indisputably established title to and possession of the premises by evidence which remained unchallenged. The maintenance and operation of defendants’ elevated railway in front of the premises were conceded, and the case is destitute of all evidence from which defendants’ acquirement of the easements…
2Cases cited18 opinions
- Eaton v. LymanWisconsin Supreme Court · 1872
- Herrick v. StoverNew York Supreme Court · 1830
- Carhart v. Auburn Gas Light Co.New York Supreme Court · 1866
- Hyatt v. WoodNew York Supreme Court · 1808
- Potter v. MellenSupreme Court of Minnesota · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Skinner v. AllisonAppellate Division of the Supreme Court of the State of New York · 1900
- Steinam v. BellNew York Court of Common Pleas · 1894
- Maitland v. Manhattan Ry. Co.New York Court of Common Pleas · 1894