Legal Opinion · Dissent

Drucker v. Manhattan Railway Co.

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

Decided March 6, 1914Published

Appeal by the plaintiff, Mary Drucker, as executrix, etc., from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of New York on the 4th day of February, 1913, upon the decision of the court dismissing the complaint as to the defendant Grodjinski-Davis, after a trial at the New York Special Term,

1Dissent

Laughlin, J. (dissenting):

This action is, in effect, one to enjoin the operation of the elevated railway on account of its trespassing upon the easements of light, air and access appurtenant to the premises *171known as Nos. 29 and 29% Division street in the borough of Manhattan, New York, and for judgment against the corporate defendants for the accrued damages for depreciation and rental value of the premises, or in the alternative for such damages and the damages to the fee for the permanent appropriation of the easements.

The action was originally brought by Ephraim Drucker, but he died on the…

2Cases cited7 opinions

  1. Miller v. . ClaryNew York Court of Appeals · 1913
  2. Schomacker v. . MichaelsNew York Court of Appeals · 1907
  3. McKenna v. Brooklyn Union Elevated RailroadNew York Court of Appeals · 1906
  4. Freund v. BielAppellate Division of the Supreme Court of the State of New York · 1906
  5. Maurer v. . FriedmanNew York Court of Appeals · 1910

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