Abendboth v. Manhattan Railway Co.
The Superior Court of New York City
Action to restrain the defendants, The Manhattan Railway Co. and the New York Railroad Co. from obstructing or incumbering Pearl street, or for maintaining, continuing or operating the structure of the elevated railroad in Pearl street, in the city of New York. The facts appear in the opinion.
1Opinion of the CourtIngraham, J.
That the structure of the elevated railroad in Pearl street, materially interferes with the light of the plaintiff’s premises, and that the maintenance of the structure and operation of the road is a serious injury to plaintiff’s property, is established by the evidence.
That the defendant, the New York Elevated Railroad Co., was authorized by the legislature and by the city of New York to construct and operate an elevated road through Pearl street, was not disputed on the trial of this case, and plaintiff cannot maintain this action unless it appears that by the construction or maintenance of…
2Cases cited11 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- The People v. . KerrNew York Court of Appeals · 1863
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
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