Thompson v. Manhattan Railway Co.
New York Court of Common Pleas
On petition for injunction. Actions by William W. Thompson, as tenant by the curtesy, and Pell Thompson and others, as remainder-men, against the Manhattan Railway Company and others for damages.
1Opinion of the CourtLarremore, C. J.
These actions are for injunctions against defendants’ running their elevated railroad past certain premises in Pearl street; for damages already sustained through the operation of said road; and for a removal of the structure unless plaintiffs are indemnified for the permanent injury to said property. The plaintiff in the first action is tenant by the curtesy of the premises in question, and against his legal capacity to sue no substantial reason is urged, while it is contended that the facts do not establish any actual damage. The plaintiffs in the second action are remainder-men, entitled…
2Cases cited1 opinion
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
3Cited by2 opinions
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Moore v. New York El. R. Co.New York Court of Common Pleas · 1890