Woolsey v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 28, 1890, which affirmed a judgment in favor of plaintiffs, 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 first judicial department, entered upon an order made March 28, 1890, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages caused by the erection and maintenance by defendants of an elevated railroad in front of plaintiffs’ premises on Front street, in the city of Eew York, and to restrain defendants from operating their road in front thereof unless the fee damages are paid. The facts, so far as material, are stated in the…
1Opinion of the Court
Follett, Ch. J.
The appellants insist that the court erred in permitting the plaintiffs to recover for the diminished rental value of the premises occasioned by the maintenance and operation of the defendants’ road, instead of the diminished value of the premises for the purposes for which they had been used since the road was constructed. The evidence shows that the building, Eo. 26 Front street, had been used, ever since the elevated road was opened, as a warehouse for storage and packing of flour by the plaintiff personally—it never having been rented or offered for rent. The plaintiff was…
2Cases cited1 opinion
- Kearney v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
3Cited by3 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Malerba v. WarrenNew York Supreme Court · 1981
- In re the City of New YorkNew York Supreme Court · 1960