Thompson v. Manhattan Railway Co.
New York Court of Common Pleas
Appeal from equity term. Two actions, one by William W. Thompson, and the other by Pell Thompson, Mary G-. Thompson, and Clendenen Thompson, against the Metropolitan-Elevated Railway Company, the Bew York Elevated Railway Company, and. the Manhattan Railway Company, to recover for damage done to their premises by the construction and operation of an elevated railroad in the street in-front thereof.
Read the full summary
Appeal from equity term. Two actions, one by William W. Thompson, and the other by Pell Thompson, Mary G-. Thompson, and Clendenen Thompson, against the Metropolitan-Elevated Railway Company, the Bew York Elevated Railway Company, and. the Manhattan Railway Company, to recover for damage done to their premises by the construction and operation of an elevated railroad in the street in-front thereof. The court excluded testimony of a witness, offered by defendants, as to what rent he paid for premises in an adjacent street, not on the line of the railroad. Judgments for the respective…
1Opinion of the CourtBookstaver, J.
These two actions were tried at the same equity term, by the same judge, in relation to the same premises; and a judgment was rendered in both at the same time. They may therefore with advantage be considered together. In the year 1870, Mary Clendenen Thompson, wife of the plaintiff William W. Thompson, died intestate, seised and possessed of the premises Bo. 168 Pearl street, and left her surviving, her husband, and Pell Thompson, Mary G. Thompson, and Clendenen Thompson, issue of said marriage and her only heirs at law. In April, 1888, William W. Thompson, as tenant by the curtesy,…
2Cases cited1 opinion
- Kane v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1889
3Cited by2 opinions
- Werfelman v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894