Eldert v. Long Island Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Electric Railway Company, from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of January, 1898, upon the decision of the court, rendered after a trial at the Queens County Special Term, perpetually enjoining the defendant from maintaining upon a public highway, known as Liberty avenue, in the county of Queens, a wall of masonry and an iron…
Read the full summary
Appeal by the defendant, The Long Island Electric Railway Company, from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of January, 1898, upon the decision of the court, rendered after a trial at the Queens County Special Term, perpetually enjoining the defendant from maintaining upon a public highway, known as Liberty avenue, in the county of Queens, a wall of masonry and an iron structure, erected by the defendant to connect its railway track with the Kings County Elevated Railroad at the county line…
1Opinion of the Court
Goodrich, P. J.:
The plaintiff and two other persons, not parties plaintiff, are the owners, as tenants in common, of property on both sides of Liberty avenue, and the owners in-fee of the adjacent roadbed of the highway upon which the structure in question is erected. The record contains an agreed statement of facts, in which, and also in the court’s finding of facts, it is stated that the plaintiff’s land lies on both sides of Liberty avenue, beginning at a point about 1,000 feet easterly from the line dividing the counties and extending easterly about J50 feet, and that the plaintiff and…
2Cases cited4 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Peverelly v. PeopleNew York Supreme Court · 1855
3Cited by4 opinions
- Memphis St. Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1915
- Empire Leasing Co. v. Mecca Realty Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Gallagher v. KeatingNew York Supreme Court · 1899
- Bennett v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1903