Kearney v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 3, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at. Special Term. This action was brought to restrain the further maintenance and operation of defendants’ elevated railroad in front of plaintiff’s premises in the city of Hew York, and to recover damages suffered in consequence thereof.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made March 3, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at. Special Term. This action was brought to restrain the further maintenance and operation of defendants’ elevated railroad in front of plaintiff’s premises in the city of Hew York, and to recover damages suffered in consequence thereof. The facts, so far as material, are stated in the opinion. The plaintiff, having taken-a lease of the premises in question after the…
1Opinion of the CourtO’Brien, J.
The judgment in this case contains an injunction restraining the defendants from the continued maintenance and operation of their elevated railway in front of the plaintiff’s premises No. 738 Sixth avenue in the city of New York, unless, within the time fixed therein, the defendants pay to the plaintiff the sum of $525, as the price of so much • of the plaintiff’s easements, or other property appurtenant to his said premises, as are taken, appropriated or otherwise interfered with by the maintenance and operation of the railway. The judgment also awards to the plaintiff the sum of $1,062 for…
2Cases cited1 opinion
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
3Cited by14 opinions
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Storms v. . Manhattan Railway Co.New York Court of Appeals · 1904
- Kernochan v. . Manhattan Railway Co.New York Court of Appeals · 1900
- Gomez v. GomezNew York Supreme Court · 1894
- Storms v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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