Hughes v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 6, 1890, which affirmed a judgment in favor of plain tiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 6, 1890, which affirmed a judgment in favor of plain tiff, entered upon a decision of the court on trial at Special Term. This action was begun Hovember 16, 1887, to recover a judgment: (1) For the damages to the rental value of Ho. 138 West Fifty-third street, alleged to have been occasioned by the construction and operation of the defendants’ elevated railroad in the street in front of the premises; and (2) to restrain them from thereafter continuing their road in front…
1Opinion of the CourtPotteb, J.
There are two questions to be considered and decided upon this appeal: The first relates to the plaintifFs title to the premises described in the complaint, including the easements of access, air and light, or her right to damages in consequence of the alleged interference therewith by the structure and operation of the railroad by the defendants, and the second relates to the nature and measure of the damages the. plaintiff may legally recover of the defendants and the mode of enforcing the judgment for any damages that may be awarded to the plaintiff.
It is quite manifest from a study of the…
2Cases cited4 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Bryant v. . ThompsonNew York Court of Appeals · 1891
- Roberts v. . TobiasNew York Court of Appeals · 1890
- Haight v. . PriceNew York Court of Appeals · 1860
3Cited by11 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Albes v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- People ex rel. New York, Westchester & Boston Railway Co. v. WaldorfAppellate Division of the Supreme Court of the State of New York · 1915
- Felberose Holding Corp. v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1935
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