Jamieson v. Kings County Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in .the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of plaintiff 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 Supreme Court in .the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to restrain the opei-ation and maintenance by defendant of its elevated railroad in front of plaintiffs’ premises, Ho. 799 Fulton street, in the city of Brooklyn, and for the recovery of damages caused thereby. The judgment decreed the usual injunction against the operation of the defendant’s railroad in-front of the…
1Opinion of the CourtFinch, J.
I do not think the fact which is explicitly found, that the construction and operation of the defendant’s elevated road has injured the fee value of plaintiff’s property only to the extent of one dollar, necessarily defeats the equitable right to an injunction, and so defeats the action. It is further found that the rental value has depreciated to a substantial extent, and for which damages were awarded. While it is true that usually the fee value rises or falls in proportion to the changes of rental value, that is not always or necessarily true, and cases are possible in which one remains…
2Cases cited3 opinions
- Huntington v. . AttrillNew York Court of Appeals · 1890
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- Gouge v. . RobertsNew York Court of Appeals · 1873
3Cited by40 opinions
- Village of Lawrence v. GreenwoodNew York Court of Appeals · 1949
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Hine v. New York Elevated RailroadNew York Court of Appeals · 1896
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
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