Galway v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 29,1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s right to maintain an action in equity to enjoin the maintenance and operation of the defendants’ railway, and to recover damages to the inheritance by reason of the permanence of the structure, is barred by the ten years’ limitation contained…
1Opinion of the Court
Ruger, Ch. J.
This is one of the usual actions in equity to ( restrain the defendants from further maintaining and operating an elevated street railroad on Sixth avenue in the city of New York adjacent to plaintiff’s property, thereby unlawfully interfering with it.
This property consisted of five vacant lots, extending about one hundred and twenty-five feet along the easterly side of the avenue, between Fifty-seventh and Fifty-eighth streets, and was acquired by the plaintiff by purchase in and previous to 1871. The defendant, the Metropolitan Elevated Railway Company, commenced and completed…
2Cases cited10 opinions
- Menendez v. HoltSupreme Court of the United States · 1888
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Morss v. ElmendorfNew York Court of Chancery · 1844
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3Cited by116 opinions
- Sporn v. MCA Records, Inc.New York Court of Appeals · 1983
- Jensen v. General Electric Co.New York Court of Appeals · 1993
- Rumsey v. New York & New England R. R.New York Court of Appeals · 1892
- Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
- 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
111 more not listed; retrieve them via the Exa API.