Martin v. New York El. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Suit by Robert H. Martin against the New York Elevated Railroad Company and another, to enjoin the maintenance of an elevated railroad constructed in front of plaintiff’s premises in 1880, and for damages. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtBarrett, J.
The judgment appealed from, if not absolutely required by the evidence, was at least justified. There was no evidence as to the rent received from the property prior to the advent of the road, nor expert evidence as to its rental value prior thereto. In the absence of any such evidence, it is difficult to discover a satisfactory basis for an award of rental damage. It is true that the plaintiff’s expert, Eckhardt, made the general statement that there had been a decline in both fee and rental values on Ninth avenue of 15 to 20 per cent., while the value of neighboring property had increased…
2Cases cited1 opinion
- Wetterau v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Martin v. New York El. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899