Hunter v. Manhattan 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 July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made July 5, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The, learned trial judge erred in denying the defendants’ motion for a jury trial of the claim for rental damages held by the plaintiff by assignment, and incidental only to the ownership of her predecessors in title. (Pappenheim v. M. E. R. Co., 128 N. Y. 436; Griswold…
1Opinion of the CourtGray, J.
This is one of the many actions brought by property owners along the line of the elevated railroads in the city of Xew York, to obtain equitable relief by way of injunction, restraining their continuance, and an award of the damages sustained by their construction and operation. The plaintiff’s property is situated upon Pearl and Water streets ; having a frontage upon each street. The defendant’s road is upon Pearl street. The plaintiff, prior to March, 1887, was seized of a one undivided third part of the premises; being tenant in common with a brother, two sisters and the children of a…
2Cases cited2 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
3Cited by23 opinions
- Van Allen v. New York Elevated RailroadNew York Court of Appeals · 1894
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Hirsh v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Chanler v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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