Emigrant Mission Committee of German Evangelical Lutheran Synod of Missouri v. Brooklyn Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Elevated Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of December, 1896, upon the decision of the court rendered after a trial at the-Kings County Special Term.
1Opinion of the Court
Bradley, J.:
The purpose of the action was to. restrain the defendant from operating its elevated railroad in Broadway, in front of the plaintiffs premises, and to recover damages. The plaintiff’s premises are situated on the northerly side of that street, have a frontage on the street of 50 feet and a depth of 264 feet. The property was purchased in 1863 by one Birkner, who in 1869 erected a two-story mansard-roof house on it 40x40 feet, with an extension added, and the lot was otherwise improved.
The defendant’s elevated railroad was constructed in Broadway, and the operation of it commenced…
2Cases cited7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
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