Shepard v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the May Term, 1889, which affirmed an interlocutory judgment, entered upon an order overruling a demurrer to plaintiffs’ complaint.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the May Term, 1889, which affirmed an interlocutory judgment, entered upon an order overruling a demurrer to plaintiffs’ complaint. The plaintiffs by their complaint ask for damages, sustained by reason of the existence of the Metropolitan Elevated Railroad structure in front of certain premises in New York city, and for an injunction against the continuance of the obstruction in the street and the operation of the road. The defendant demurred on various grounds; but the'…
1Opinion of the CourtGray, J.
I think the appellants must fail in their appeal. The action is one in equity and the complainants • named represent all the parties, who have an interest in the equitable relief which is sought, and in the damages which may be awarded as incidental to that relief. The plaintiffs, other than Frances S. Shepard, as tenants in common, are the owners of the fee of the premises alleged, by the bill of coniplaint, to be affected by the construction and operation of the defendants’ railroad, and their joinder was not only proper, but necessary. In them, collectively, is vested the whole title, and…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- De Puy v. . StrongNew York Court of Appeals · 1867
3Cited by50 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Williams v. Los Angeles Ry. Co.California Supreme Court · 1907
- Ader v. BlauNew York Court of Appeals · 1925
- Lamming v. . GalushaNew York Court of Appeals · 1892
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
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