Legal Opinion

Smith v. New York El. R.

New York Court of Common Pleas

Decided March 7, 1892PublishedCited by 4 opinions

Appeal from judgment on report of referee. Action by Julia Smith against the 24ew York Elevated Eailroad Company and another. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtBookstaver, J.

The judgment enjoins and restrains the defendants from maintaining and using their elevated railroad in front of plaintiff’s premises, 356 Ninth avenue, in the city of 24ew York, but provides that, if the defendants shall pay or tender to the plaintiff, within a time fixed in the judgment, the sum of $1,250, with interest, as and for payment of the value of the easements in 24inth avenue attached or appurtenant to the plaintiff’s premises, taken, appropriated, or interfered with by the maintenance and operation of defendants’ road, and accept a conveyance of such basements in proper form,…

2Cases cited5 opinions

  1. Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
  2. Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
  3. Peyser v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1885
  4. Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
  5. Suarez v. Manhattan Railway Co.New York Supreme Court · 1891

3Cited by4 opinions

  1. Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
  2. Chicago G. W. Ry. Co. v. First Methodist Episcopal Church of Leavenworth CityCourt of Appeals for the Eighth Circuit · 1900
  3. Jones v. New York El. R.New York Court of Common Pleas · 1892
  4. Jones v. New York El. R.New York Court of Common Pleas · 1892

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