Diamond v. New York, Westchester & Boston Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York, Westchester and Boston Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of July, 1915, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, New York, Westchester and Boston Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of July, 1915, upon the decision of the court after a trial at the New York Special Term. An appeal is also taken, as stated in the notice of appeal, from the decision pursuant to which the judgment was entered, with notice of an intention to bring up for review the exceptions, findings of fact and conclusions of law made by the court.
1Opinion of the Court
Smith, J.:
By the judgment appealed from the defendant has been permanently enjoined from operating its railroad over a certain portion of its right of way, or in the alternative, directed to pay to the plaintiff $4,200, damages to the fee value of plaintiff’s property caused by the operation of said road, and directing that plaintiff recover of the defendant $1,347 with interest from January 15, 1911, to January 15, 1915, as damage to the rental value of said properties to said date. The plaintiff’s contention is that the defendant is trespassing upon certain of the easements attached to his…
2Cases cited4 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Flynn v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Luhman v. New York, W. & B. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Luhman v. New York, Westchester & Boston RailwayNew York Supreme Court · 1913
3Cited by1 opinion
- Feigen v. Green Harbour Beach Club, Inc.New York Supreme Court · 1960