McGrane v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from á judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of March, 1901, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Hatch, J.:
This is the usual action in equity, brought by the owners of property abutting upon the street, to enjoin the further alleged unlawful use by the defendants of easements of light, air and access, and for the recovery of past damages caused by such use.
A. former action brought in respect to these premises by Mary MoGlynn, as trustee, in behalf of these plaintiffs, resulted in a jndg*38ment of dismissal upon the merits, and it is contended that such judgment is res adjudicatei, the cause of action being the same as in that action. It was found and decided by the referee upon the former…
2Cases cited3 opinions
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Neafie v. NeafieNew York Court of Chancery · 1823
3Cited by4 opinions
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
- Bodeneck v. Cater's Motor Freight System, Inc.Washington Supreme Court · 1939
- Stone Man, Inc. v. GreenSupreme Court of Georgia · 1995
- Stone Man, Inc. v. GreenSupreme Court of Georgia · 1995