Wilson v. New York El. R.
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Action by Peter M. Wilson against the New York Elevated Railroad Company and others to enjoin the operation of defendants’ elevated railroad in the street in front of plaintiff’s premises, and for damages.
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Appeal from equity term. Action by Peter M. Wilson against the New York Elevated Railroad Company and others to enjoin the operation of defendants’ elevated railroad in the street in front of plaintiff’s premises, and for damages. From a judgment in favor of plaintiff for $5,680 damages, and enjoining defendants from operating their railroad unless defendants shall within six months from the service of the judgment institute condemnation proceedings to acquire plaintiff’s property, and pay the award of commissioners appointed in such proceedings, defendants appeal. Affirmed.
1Opinion of the CourtFreedman, J.
The judgment appealed from awards to the plaintiff the sum of $5,680 for past damages, and provides for a perpetual injunction restraining the defendants from operating their elevated railway in front of plaintiff’s premises, unless the defendants, within six months, acquire, in the regular course of condemnation proceedings, title to so much of plaintiff’s property as was taken by them for the purposes of their railroad. The plaintiff is the owner of a block of land lying between Greenwich and Hudson streets on the west and east, and running along Bank street on the south. When this suit was…
2Cases cited8 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kearney v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Steubing v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1893
- Bischoff v. . N.Y.E.R.R. Co.New York Court of Appeals · 1893
- Mooney v. New York Elevated RailroadNew York Court of Common Pleas · 1890
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