BIRRELL v. NEW YORK & HARLEM R.R. CO.

Nos. 202, 203.

198 U.S. 390 (1905)

BIRRELL v. NEW YORK AND HARLEM RAILROAD COMPANY. KIERNS v. NEW YORK AND HARLEM RAILROAD COMPANY.

Supreme Court of United States.

Decided May 15, 1905.


Attorney(s) appearing for the Case

Mr. Alfred B. Cruikshank for plaintiffs in error.

Mr. Ira A. Place and Mr. Edward Winslow Paige, with whom Mr. Thomas Emery was on the brief, for defendants in error.


MR. JUSTICE McKENNA delivered the opinion of the court.

Plaintiffs in error are owners of property on Park avenue in the city of New York, and brought these actions in the Supreme Court of the county of New York against the defendants in error for damages for the erection, and for an injunction against the continuance of, the viaduct described in Muhlker v. New York & Harlem Railroad Company, 197 U.S. 544. The Supreme...

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