Mooney 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 a judgment of the Superior Court of the city of New York in favor of the plaintiffs^ entered in the office of the clerk of said court on the 12-th day of July, 1895, upon the decision of the court, rendered after a trial at a Special Term thereof,
1Opinion of the Court
Van Brunt, P. J.:
This action was brought in November, 1890, by an abutting owner to recover -damages occasioned by the building and operation of the elevated railroad. The complaint alleged title to the premises *31in question, and the defendants put in an answer in January, 1891, denying such title. TJpon the trial it appeared that subsequently, in 1891, the plaintiff Mooney had conveyed' a part of the premises in question to David Cohen, and the remainder thereof to Francis Scallion. A motion having been made by the defendants to dismiss the complaint upon this ground, as far as the impairment…
2Cases cited2 opinions
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Domschke v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1896
3Cited by1 opinion
- Mooney v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897