Minton v. New York Elevated Railroad
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 January 6, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action to recover damages accruing for the maintenance of an elevated railroad in front of plaintiff’s premises in the city of Hew York, and to restrain its future maintenance and operation.
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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 January 6, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action to recover damages accruing for the maintenance of an elevated railroad in front of plaintiff’s premises in the city of Hew York, and to restrain its future maintenance and operation. The facts, so far as material, are stated in the opinion. It was error to find that plaintiff was seized of an estate of inheritance in fee simple…
1Opinion of the CourtHaight, J.
The judgment appealed from enjoins the defendants from the further maintenance of their elevated railway in Pearl street, in the city of 27ew York, in front of the plaintiff’s premises abutting upon that street and known as numbers -95 and 97, unless the defendants pay to the plaintiff the sum of $9,500, as the value of the easements appurtenant to the premises taken by the maintenance and operation of the road.
The trial court has found as a fact that the plaintiff “ is now and has been since the 27th day of 27ovember, 1882, seized of an estate of inheritance in fee simple absolute in the…
2Cases cited4 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Whittick v. KaneNew York Court of Chancery · 1828
3Cited by2 opinions
- Harrington v. Butte & Superior Copper Co.Montana Supreme Court · 1916
- Esty v. CummingsSupreme Court of Minnesota · 1900