Pritchard v. . Edison Electric Illuminating Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡March 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned court below adopted an erroneous theory as to the measure of damages.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡March 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned court below adopted an erroneous theory as to the measure of damages. (Snider v. Snider, 160 N. Y. 151; Baird v. Mayor, 96 N. Y. 567; Francis v. Schoellkopf, 53 N. Y. 152; Jutte v. Hughes, 67 N. Y. 267; Rosenheimer v. S. G. L. Co., 36 App. Div. 1; Tallman v.…
1Opinion of the CourtHaight, J.
This action was brought to recover the damages resulting from the maintenance of a nuisance by the defendant.
The plaintiff’s testator on the 19th day of April, 1890, leased from the owners the property known as Miller’s Hotel, situated on West 26tli street, Hew York, at Hos. 37, 39 and 41, for the period of five years at an annual rental of $15,000, and at the end of that period he renewed the lease for another period of five years at a rental of $12,000 per year.
In 1888 the defendant constructed and put in operation an electric lighting plant and power station situated upon the same street,…
2Cited by10 opinions
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- City of Rochester v. MacAuley-fien Milling Co.New York Court of Appeals · 1910
- Blessington v. McCrory Stores Corp.New York Supreme Court · 1950
- State v. Waterloo Stock Car Raceway, Inc.New York Supreme Court · 1978
- Harris v. Randolph Lumber Co.Supreme Court of Alabama · 1912
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