Hutton v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Eailway Company and another, from a judgment of the Supreme Court in favor of the plaintiff, Euth E. Hutton, entered in the office of the clerk of the county of New York on the 21st day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring up for review an order entered in said clerk’s office on. the 2d day of January, 1895, substituting…
Read the full summary
Appeal by the defendants, The Metropolitan Elevated Eailway Company and another, from a judgment of the Supreme Court in favor of the plaintiff, Euth E. Hutton, entered in the office of the clerk of the county of New York on the 21st day of December, 1896, upon the decision of the court rendered after a trial at the New York Special Term, with notice of an intention to bring up for review an order entered in said clerk’s office on. the 2d day of January, 1895, substituting the said Euth E. Hutton, as sole party plaintiff in the action in place of the original plaintiff, Louisa C. Bohrbach.
1Opinion of the Court
Rumsey, J.:
In 1888 Louisa C. Bohrbach was the owner of the premises in question. In 1890 she brought an action to restrain the operation and maintenance of the defendants’ railroad as a nuisance and for damages. While this action was pending, and in 1891, she conveyed the premises to the present plaintiff, and afterwards, on the *24427th .day of November, 1894, she assigned to Mrs. Hutton all her .claim for'damages sustained by her for impairment of the rental value of "the premises caused by said companies in the maintenance of their railroad and the operation of. trains thereon during her…
2Cases cited3 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
- Mooney v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by8 opinions
- Stokes v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Lindenheim v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Flammer v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Chanler v. New York El. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3 more not listed; retrieve them via the Exa API.