Gray v. Manhattan Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 5,1891, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The plaintiff was the owner of four vacant lots of land at the corner of Ninth avenue and Seventy-seventh street, in the city of New York.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 5,1891, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The plaintiff was the owner of four vacant lots of land at the corner of Ninth avenue and Seventy-seventh street, in the city of New York. He brought this action as an abutting owner, praying for an injunction restraining the defendants from maintaining and operating their road in front of his lots, and for damages caused to Ms lots, and…
1Opinion of the CourtEarl, J.
The main question argued before us and considered at the General Term is whether the plaintiff could maintain his judgment in the face of a finding that his “ premises would not be worth as much as they now are had the railway and stations not been built.” This is a very important question, and its determination may not only affect this case, but may others pending or to be commenced. We do not deem it important or proper now to determine it, as there are other grounds for the affirmance of the order appealed from. That question may remain undetermined in this court until it is presented for…
2Cases cited1 opinion
- McHenry v. . JewettNew York Court of Appeals · 1882
3Cited by34 opinions
- McCann v. . Chasm Power Co.New York Court of Appeals · 1914
- Wormser v. . BrownNew York Court of Appeals · 1896
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
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