Sanders v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from equity term. Action by Elizabeth B. Sanders, as devisee and executrix under the will of Charles W. Sanders, deceased, to restrain the New York Elevated Railroad Company arid the Manhattan Railway Company from further operation.of their elevated railway in front of plaintiff’s premises, 41 Third avenue, New York city, and to recover damages already sustained by reason thereof. From the judgment entered in favor of plaintiff the defendants appeal.
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Appeal from equity term. Action by Elizabeth B. Sanders, as devisee and executrix under the will of Charles W. Sanders, deceased, to restrain the New York Elevated Railroad Company arid the Manhattan Railway Company from further operation.of their elevated railway in front of plaintiff’s premises, 41 Third avenue, New York city, and to recover damages already sustained by reason thereof. From the judgment entered in favor of plaintiff the defendants appeal. For former report, see 7 N. Y. Supp. 641.
1Opinion of the CourtLaeremore, C. J.
Our former decision in this action, affirming the order of revivor, (7 N. Y. Supp. 641,) expressly disposes of the first point raised upon this appeal. We think, also, that necessary inferences to be drawn from such decision must overrule appellants’ second point. They contend that they should have been granted a jury trial as to the claim for past damages for loss of rentals before the testator’s death. Our decision was that this action, which was pending at the time of Mr. Sanders’ death, was and is an action in equity for an injunction, in which the question of damages is merely incidental…
2Cases cited2 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1889
- Sanders v. New York El. R. Co.New York Court of Common Pleas · 1889