Legal Opinion

Livingston v. Manhattan Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896Published

Appeal by the defendants, The Manhattan Bailway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 9th day of March, 1894, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought to restrain the maintenance and operation of the defendants’ railway and to recover the damages caused to the plaintiffs’ premises thereby.,

1Opinion of the Court

Patterson, J.:

The judgment appealed from in this case directs that the defendants be perpetually en joined from maintaining and operating an elevated railroad on South Fifth avenue,, in the city of New York, in front of and opposite to premises known as Nos. 47 and 49 Grand street and 220 South Fifth avenue, unless within a specified time the defendants shall pay the sum of $7,500 for damages to the fee value of the property caused by the taking of certain easements appurtenant to such property, and contains the other ordinary provisions of decrees in cases of this character. It also provides…

2Cases cited1 opinion

  1. Keene v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894

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