Shepard v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Elevated Railway Company and another, 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 6th day of May, 1899, upon the decision of ■■ the court, rendered after a trial at the New York Special Term, awarding the plaintiff fee damages of $60,000 and rental dámagés of $43,694.33. Tiiis appeal was transferred from the first department to the second…
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Appeal by the defendant, The Metropolitan Elevated Railway Company and another, 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 6th day of May, 1899, upon the decision of ■■ the court, rendered after a trial at the New York Special Term, awarding the plaintiff fee damages of $60,000 and rental dámagés of $43,694.33. Tiiis appeal was transferred from the first department to the second department.
1Opinion of the Court
Goodrich, P. J.:
The defendants’ road was built in 1878. The plaintiff, in March 1889, purchased the premises in question for the sum of $125,000. They are situated on the westerly side of Trinity place, between Rector and Thames streets and about two hundred feet south of the latter, having a frontage of about one hundred and four feet; they measure one hundred and eight feet in the rear and have a depth of fifty-two feet on 'the north side and forty-two feet on the south, and are known as Nos. 70, 72, 74 and 76 Trinity place. They are opposite the rear of Trinity Church graveyard, where…
2Cases cited3 opinions
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Storm v. New York El. Railway Co.New York Supreme Court · 1894
- Lazarus v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
- A. I. Namm & Son v. City of New YorkNew York Supreme Court · 1938
- Fletcher v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1935