Drucker v. . Manhattan Railway Co.
New York Court of Appeals
Appeals from judgment of the General Term of the Superior Court of the city of New York, made March 5,1885, which affirmed separate judgments against defendants, entered upon a verdict and affirmed orders denying motions for a new trial.
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Appeals from judgment of the General Term of the Superior Court of the city of New York, made March 5,1885, which affirmed separate judgments against defendants, entered upon a verdict and affirmed orders denying motions for a new trial. (Reported below, 19 J. & S. 429.) The action was for damages from the alleged impairment of plaintiff’s easement of light, air and access appurtenant to his land on Division street, in the city of New York, by the construction and maintenance of an elevated railway, in front of the land and along the street, by defendant, the Metropolitan Elevated Railway…
1Opinion of the CourtFinch, J.
This case was tried upon the assumption that plaintiff owned the fee to the center of Division street; or, if not, that he had in it, as abutting owner, an easement of light, air and convenience of access. The point now made, that plaintiff did not own the fee because Division street was not shown to be identical with that laid out by Rutgers and De Lancey, and was not the owner of an easement because the title to the street, presumptively from its age, came to the city from a Dutch ground brief or an English grant, and was an absolute fee, unclouded by any trust, was not taken upon the…
2Cases cited1 opinion
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
3Cited by60 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
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