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Cavanagh v. New York Elevated Railroad

16 N.Y.S. 947 Court N.Y. Gen. Term Decision date 1891-12-31 English

Delivered by Van Brunt, P. J.

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p. 947
Cavanagh, Respondent, v. New York El. R. Co. et al., Appellants.
(Supreme Court, General Term, First Department.
December 31, 1891.)

Headnote

Appeal from special term, New York county.
Action by Ellen Cavanagh, as executrix, etc., of William T. McKeon, against the New York Elevated Railroad Company and the Manhattan Railway Company, to recover damages caused by the erection and maintenance of defendants’ road in the street abutting plaintiff’s property, and for an injunction.
Argued before Van Brunt, P. J., and Barrett and Daniels, JJ.
Davies & Rapallo, for appellants. Peckham & Tyler, (E. W. Tyler, of counsel,) for respondent.

It is conceded by the appellants’ points that every point raised upon this record has been disposed of adversely to the appellant by this court, but that appeals are pending in the court of appeals in these cases. Under these circumstances, it follows, as a matter of course, that the judgment appealed from should be affirmed, with costs.