Roosevelt Hospital v. New York El. R. — 18 N.Y.S. 941

Majority

p. 941

Roosevelt Hospital, Respondent, v. New York El. R. Co. et al., Appellants.

(Supreme Court, General Term, First Department.

May 18, 1892.)

Headnote

Appeal from special term, Hew York county.

Action by the Roosevelt Hospital as owner of eight lots of land on the west side of Hinth avenue, between Fifty-Eighth and Fifty-Hinth streets, in the city of Hew York, against the Hew York Elevated Railroad Company and the Manhattan Railway Company, to enjoiji defendants from maintaining or using an elevated railroad structure in front of or adjacent to plaintiff’s premises, and to require them to remove the same, until they shall have made proper and adequate compensation for the property and interests in the street on which plaintiff’s premises abut, and in which defendant’s structure is erected, and for the easements appurtenant to said premises. From a judgment for plaintiff, defendants appeal. Affirmed.

Argued before Van Brunt, P. J., and O’Brien and Ingraham, JJ.

Edward C. James, for appellants. J. E. Burrill, for respondent.

All of the questions which are presented upon this appeal have been disposed of in cases previously argued and determined in this court, and therefore it is unnecessary that there should be any further discussion thereof. The judgment should be affirmed, with costs.