Minton v. New York Elevated Railroad

Headnote

Trespass—Owner op easements mat maintain.

An owner of-easements may maintain an action against an elevated railroad for interference therewith, although he does not own the fee of the premises.

Appeal by defendants from a judgment perpetually enjoining the maintenance of an elevated railway, and awarding the sum of

$6,148.62 damages and costs. The judgment also provides an alternative to the injunction by the defendants paying the plaintiff $9,500 as the price of the easements appurtenant to his premises, Ños. 95 and 97 Pearl street, taken by the maintenance of the railway.

Appellants contend that the interest of plaintiff in the premises is not that of an owner in fee, but simply that of an assignee of a mortgage.

Eespondent contends that it is quite immaterial whether Miss Minton had the fee or not. She has easements.