Hyperlawhypertext legal database McKee v. New York Elevated Railroad 29 N.Y.S. 458

← Cases

McKee v. New York Elevated Railroad

29 N.Y.S. 458 Court N.Y. Gen. Term Decision date 1894-06-15 Docket No. 2 English

Contents

Majority

p. 458
McKEE et al. v. NEW YORK EL. R. CO. et al.
(No. 2.)
(Supreme Court, General Term, First Department.
June 15, 1894.)

Headnote

Appeal from special term, New York county.
Action by Thomas J. McKee and others, as executors, against the New York Elevated Railroad Company and others. From a judgment in favor of plaintiffs, defendants appeal.
Modified.
Argued before O’BRIEN, FOLLETT, and PARKER, JJ.
A. O. Townsend, for appellants.
Wm. R. Page, for respondents.

For the reasons given in the opinion herewith handed down in the case of McKee v. Railroad Co. (action No. 1) 29 N. Y. Snpp. 457, the judgment herein should be modified by striking out the alternative as to the payment of the money, and receiving the release or conveyance, and by directing that an injunction absolute issue unless, within six months after the entry of the order upon this appeal, the defendants shall have condemned such easements, with costs to appellants.