Odell v. Metropolitan Elevated Railroad
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Action Tby Mary J. Odell against the Metropolitan Elevated Railroad Company and others for damages, and for an injunction. From a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtGildersleeve, J.
The judgment awards to plaintiff the sum of $2,831.61 damages and costs, and enjoins the defendants from operating their elevated railroad in front of plaintiff’s premises, unless defendants pay to plaintiff $300, with interest from the entry of the judgment, and stipulate not to use the judgment as a bar to a subsequent action for injuries inflicted after 1890. The plaintiff’s leasehold estate, under the lease by which she claimed title when she brought suit, expired February 1, 1890, and the renewal was at her option. Therefore, on that date, the plaintiff’s interest, which the action was…
2Cases cited9 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Marston v. . GouldNew York Court of Appeals · 1877
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- Doyle v. Manhattan Railway Co.New York Court of Appeals · 1891
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