Winthrop v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Manhattan 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 New York on the 23d day of October,. .1896, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Ingraham, J.:
The right of the owner of land subject to a lease, to maintain an .action to restrain a trespass upon the reversion, and to recover damages caused by such trespass, has been settled .by several adjudications of the Court of Appeals and of this court. (Kernochan v. N. Y. Elev. R. R. Co., 128 N. Y. 559; Mortimer v. M. R. Co., 129 id. 82; Thompson v. M. R. Co., 130 id. 362.) That the plaintiff is the ■owner of "the reversion of the property described is conceded, and his right to, maintain the action to restrain .the trespass upon the reversion and to recover damages for injury…
2Cases cited1 opinion
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
3Cited by4 opinions
- Sposato v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Muller v. Manhattan Railway Co.New York Supreme Court · 1907
- Kernochan v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Winthrop v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897