Legal Opinion

Eno v. New York Elevated Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1897PublishedCited by 2 opinions

Appeal by the defendants, The Yew York Elevated Railroad Company and another, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 19th day of January, 1897, denying their motion for a stay of proceedings pending an appeal to the Court of Appeals.

1Opinion of the Court

Williams, J.:

The judgment rendered by the trial court was affirmed on appeal by the Appellate Division. That judgment, in brief, adjudged that the railroad structures in front of the plaintiffs premises had been and were unlawfully maintained; that plaintiff recover for past damages $8,412.97, with costs, $285.46; in all, $8,698.43. And the judgment also enjoined the further maintenance of the structures in front of plaintiff’s premises, unless the defendant paid fee damages, $10,000, with interest from March 18, 1896, the day of the *337trial, and provided that, in case such payment should be…

2Cases cited1 opinion

  1. Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889

3Cited by2 opinions

  1. Lund v. Idaho & Washington Northern RailroadWashington Supreme Court · 1908
  2. In re the Probate of the Last Will & Testament of GihonNew York Surrogate's Court · 1899

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