Maybeck v. New York Municipal Railway Corp.

This is an action to enjoin the defendants from maintaining and operating an elevated railroad in Jamaica avenue, in the borough of Queens, in front of the premises of the plaintiff, or in the alternative for the damages sustained by the plaintiff by reason of the construction and operation of such railroad.

*332The principal ground of defense is that one Sophia C. E. Isler, who was plaintiff’s predecessor in the title, had, prior to the conveyance to plaintiff, executed a consent to the construction, maintenance and operation of the road, thereby waiving, as defendants urge, any claim for damages…