
    S. Charles Welsh, as Trustee for Elizabeth H. Armstrong, under the Last Will and Testament of George W. Welsh, Deceased, Plaintiff, v. Interborough Rapid Transit Company, Defendant.
    (Supreme Court, New York Special Term,
    May, 1917.)
    Easements — of light, air and access — city of New York — injunctions — evidence —damages — elevated railroads.
    On the ground that it is an unlawful interference with his street easements of light, air and access, the owner of a corner building on Third avenue in the city of New York, along which is operated an elevated railway, may be granted an injunction to restrain the continuance by the railway company of the construction of a signal tower and storage platform with a supporting column in the sidewalk at the street intersection, though such structure is being built wholly within the lines of the intersecting streets, so that if the boundary lines of plaintiff’s property were projected to the east across Third avenue or to the south across the intersecting street they wordd not in either case touch any portion of the structure of which complaint is made.
    
      Motion for an injunction pendente lite.
    
    Taylor, Knowles & Hack, for motion.
    James L. Quackenbush, opposed.
   Giegerich, J.

Motion granted, with costs.  