Cornell v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, Yew York county. Action by Robert C. Cornell and Edith Cornell Smith against the New York Elevated Railroad Company and the Manhattan Railway Company, for injuries to real property of plaintiffs from the construction, maintenance, and operation of defendants’ elevated railroad. Defendants pleaded the statute of limitations of six years. Upon trial by the court without a jury, judgment was rendered for plaintiffs. Erom the judgment defendants appeal.
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Appeal from special term, Yew York county. Action by Robert C. Cornell and Edith Cornell Smith against the New York Elevated Railroad Company and the Manhattan Railway Company, for injuries to real property of plaintiffs from the construction, maintenance, and operation of defendants’ elevated railroad. Defendants pleaded the statute of limitations of six years. Upon trial by the court without a jury, judgment was rendered for plaintiffs. Erom the judgment defendants appeal. Code Civil Proe. Y. Y. § 968, provides: “In each of the following actions, an issue of fact must be tried by a jury,…
1Opinion of the CourtDaniels, J.
The plaintiffs became the owners in the year 1873 of premises situated on the north-west corner of Greenwich and Liberty streets, in the city of Yew York, fronting on Greenwich street 24 feet 8| inches, and on Liberty street 86 feet and 4 inches, and have continued to be the owners thereof from that time to the trial of the action. The Yew York Elevated Railroad Company completed the erection of its elevated railroad in Greenwich street in or about the year 1876, and it afterwards leased the structure to the Manhattan Railway Company, the other defendant in the action. The structure extended…
2Cases cited4 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Wheelock v. . LeeNew York Court of Appeals · 1878
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Silsby Manufacturing Co. v. State of New YorkNew York Court of Appeals · 1887
3Cited by3 opinions
- Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
- Martin v. Manhattan Ry. Co.New York Supreme Court · 1892
- Dean v. BennNew York Supreme Court · 1893