Herzog v. New York Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Rosa Herzog against the New York Elevated Railway Company and another. From a judgment in favor of defendants, plaintiff appeals. Affirmed. The opinion of Mr. Justice INGRAHAM, at special term, is as follows: Prior to the year 1875 the city of New York had acquired, under certain condemnation proceedings instituted under the act of 1813, the fee of Third avenue, which it held in trust for use as a public street.
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Appeal from special term, New York county. Action by Rosa Herzog against the New York Elevated Railway Company and another. From a judgment in favor of defendants, plaintiff appeals. Affirmed. The opinion of Mr. Justice INGRAHAM, at special term, is as follows: Prior to the year 1875 the city of New York had acquired, under certain condemnation proceedings instituted under the act of 1813, the fee of Third avenue, which it held in trust for use as a public street. As a municipal corporation, the city of New York also owned in fee the property abutting on the westerly side of Third avenue,…
1Opinion of the CourtVan Brunt, P. J.
This action was brought in equity to restrain the further maintenance and operation of the defendants’ road in front of the premises of the plaintiff, situated on Third avenue, in the city of New York, and incidentally to recover damages already sustained by the plaintiff to the fee, and for loss of rents of these premises caused- by the maintenance and operation of the defendants’ railroad. Upon the trial it appeared that prior to June, 1885, the premises in question were owned by the mayor, aldermen, and commonalty of the city of New York, and on such date were conveyed to one Kern, who on…
2Cited by15 opinions
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- In re the City of New YorkNew York Supreme Court · 1926
- Heimburg v. Manhattan Railway Co.New York Court of Appeals · 1900
- Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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