McGean v. Metropolitan Elevated Railroad
The Superior Court of New York City
Appeal from a judgment rendered after a trial at special term. The judgment awards to the plaintiff the sum of $780.42, for past damages, and contained an injunction restraining defendants from operating their railway, in front of the premises, unless within a time specified they pay the sum of $1,500.
1Opinion of the Court
By the Court.—McAdam, J.
The main questions urged upon this appeal, are such as have already been passed upon adversely to the defendants’ contention and need not be again considered. The deed from the plaintiff was made after suit brought, and the transfer of title was not pleaded by supplemental answer or otherwise. In the contract and deed, a reservation, drawn in form similar to that which in the case of Henderson v. N. Y. Cent. R. R. Co., 17 Hun, 344, affirmed 78 N. Y. 423, was held to be sufficient to entitle a vendor to enforce by injunction the permanent damage done to his property,…
2Cases cited1 opinion
- Foote v. Manhattan Railway Co.New York Supreme Court · 1890