Johnston v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. Affirmed. Action by Benjamin B. Johnston against the Manhattan Railway Company and the Metropolitan Elevated Railway Company for an injunction and for damages. Defendants moved for atrial by jury, under Code Civil Proc. 24. Y. §-968, on the ground that the action was for a nuisance, but their motion was denied, and the cause tried by the court. There was judgment for plaintiff, from which defendants appeal.
1Opinion of the CourtIngraham, J.
The complaint in this action alleges that plaintiff is the owner of premises abutting on South Fifth avenue, in the city of Hew York; that, as an incident and appurtenant to plaintiff’s ownership and occupancy of such premises, the plaintiff has and had a right, interest, and easement in South Fifth avenue of free and unimpaired use, for the usual and ordinary purposes of a public street or highway; that plaintiff is seised and possessed of a portion of South Fifth avenue immediately in front of and adjoining the premises before described, to the center of the street. And the complaint…
Also in this document: Concurrence.
2Cases cited1 opinion
- Cogswell v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
3Cited by1 opinion
- Ottinger v. New York Elevated RailroadNew York Supreme Court · 1892