Israel v. Metropolitan El. Railroad
New York Court of Common Pleas
Appeal from equity term. Action by Hyman Israel against the Metropolitan Elevated Bail-road Company and another for an injunction and damages. The complaint was dismissed on the merits, with findings of fact and law, and plaintiff appeals.
1Opinion of the CourtDaly, C. J.
The plaintiff sought to enjoin the operation of the elevated railroad on Sixth avenue in front of his premises, which were situated on the southeast corner of that avenue and Fortieth street, in this city, until the defendants should make proper and adequate compensation for the easements appurtenant to the said premises which they had taken and appropriated by the erection of their elevated structure and the operation of their trains; and also sought to recover for loss of rents and rental value of the premises. To maintain this action it was incumbent upon the plaintiff to prove a…
2Cases cited8 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Scofield v. . HernandezNew York Court of Appeals · 1872
- Cowen v. . PaddockNew York Court of Appeals · 1893
- Forbes v. ChichesterNew York Court of Appeals · 1891
- Hanover Fire Insurance v. Germania Fire InsuranceNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.