New York Court of Appeals

James H. McGean, as Executor, Respondent v. the Metropolitan Elevated Railway Company, Appellants

April 12, 1892133 N.Y. 9

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the plaintiff retained the right to an injunction and damages despite conveying the property with reservations, that the court could award past damages in equity, that Section 756 of the Code of Civil Procedure did not require substitution of the grantee, and that separate findings of fee and property damages were unnecessary.