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N.Y. ELEVATED RAILROAD v. FIFTH NAT. BANK

No. 106.

135 U.S. 432 (1890)

10 S.Ct. 743

34 L.Ed. 231

NEW YORK ELEVATED RAILROAD COMPANY v. FIFTH NATIONAL BANK.

Supreme Court of United States.

Decided May 5, 1890.

Attorney(s) appearing for the Case

Mr. Julien T. Davies and Mr. Edward S. Rapallo for plaintiff in error.

Mr. W.F. McRae for defendant in error.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

The law of the State of New York, as declared by the Court of Appeals, appears to be as follows: An elevated railroad erected in and over a street pursuant to the statutes of the State, and with due compensation to the owners of property taken for the purpose, is a lawful structure. The owners of lands abutting on a street in the city of New York have an easement of way, and of...

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