Legal Opinion · Concurrence

Birrell v. New York & Harlem Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899Published

Appeal by the defendants, The New York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of 'the clerk of the county of New York on the 15th day of March, 1899, upon the decision of the court rendered after a trial at the New York Special Term.

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Appeal by the defendants, The New York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of 'the clerk of the county of New York on the 15th day of March, 1899, upon the decision of the court rendered after a trial at the New York Special Term. This action was brought for an injunction against the maintenance and operation of the defendants’ railroad structure on Park avenue in the city of New York, in front of the plaintiff’s premises, and to-recover damages for such maintenance and operation. Park avenue was laid…

1Concurrence

Ingraham, J.:

I concur in result, as controlled by Welde v. New York & Harlem R. R. Co. (28 App. Div. 379).

Judgment reversed, new trial granted, costs to appellants to abide event.

2Cases cited1 opinion

  1. Welde v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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