Diefenthaler v. Metropolitan Elevated Railroad 17 N.Y.S. 952

Diefenthaler, Respondent, v. Metropolitan El. Ry. Co. et al., Appellants.

(Superior Court of New York City, General Term.

January 11, 1892.)

Appeal from special term.

Action by Valentine Diefenthaler against the Metropolitan Elevated Railroad Company and the Manhattan Railway Company for an injunction to restrain the maintenance and operation of defendants’ elevated railroad in the street abutting plaintiff’s premises, and for damages.

Argued before Freedman, MoAdam, and Gildersleeve, JJ.

Davies & Bapallo, for appellants. Edwin M.. Felt, for respondent.