Herzog v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
Action by Rosa Herzog against the New York Elevated Railroad Company and the Manhattan Railway Company, for an injunction to restrain defendants in the construction and operation of their elevated railroad in Third avenue in the city of New York, from trespassing upon or appropriating certain easements in that avenue appurtenant to land of plaintiff abutting •thereon. . ■
1Opinion of the CourtIngraham, J.
Prior to the 1875 the city of New York had under certain condemnation proceedings instituted under the act of 1813, the fee'of Third avenue, which it held in trust for use as a public street. As a municipal corporation the city of Hew York also owned in fee the. property -abutting on the westerly side of Third avenue, between Sixty-Seventh and *297Sixty-Eighth streets. On June 18, 1875, an act of the legislature, known as the “Rapid Transit Act, ” was passed. By that act a system was established under the provisions of which authority could be acquired to construct elevated railroads over public…
2Cases cited1 opinion
- People v. . O'BrienNew York Court of Appeals · 1888
3Cited by3 opinions
- Zeiger v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Manhattan Ry. Co. v. Mayor of New YorkNew York Supreme Court · 1895
- City of New York v. Hudson & Manhattan RailroadAppellate Division of the Supreme Court of the State of New York · 1919