Pappenheim v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of December, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to perpetually enjoin the defendants from operating their railway in Second avenue, between One Hundred and Twentieth and One Hundred and Twenty-first streets, in the city of Hew York, in front of the plaintiff’s premises, and to procure the structure already built there to be removed, and to recover from…
1Opinion of the CourtPeckham, J.
The structure erected by defendants in Second avenue, in front of the plaintiff’s premises, was as to her an illegal structure and inconsistent with the use of the avenue as a public-street. At the time of building the railway a trespass was-committed by the-, defendants upon the- property now owned' by the plaintiff, although she did not own it at that time. Such trespass has been continued from the time when the road was- built up to the time when the judgment in this action was entered. By continuing the trespass the defendants laid themselves open to continuous actions, in which the…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Broiestedt v. . South Side R.R. Co. of L.I.New York Court of Appeals · 1873
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
3Cited by105 opinions
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
100 more not listed; retrieve them via the Exa API.