Pond v. Metropolitan Elevated Railway Co.
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 December 31, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury.
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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 December 31, 1886, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit without a jury. (Reported below, 42 Hun, 561.) This action was brought by the owner of property abutting on West Third street in the city of ¡New York, to recover damages caused by the construction and operation of defendant’s road in said street. "Upon the trial plaintiff abandoned his claim for damages to the easements of air and access, and rested…
1Opinion of the CourtAndrews, J.
The sole question on this appeal relates to the rule of damages, that is to say, whether, in a common-law action brought by the owner of premises abutting on a street in the city of JSTew York, laid out under the act of 1813, through which the defendant’s railway has been constructed, to recover damages resulting therefrom, through the interruption of light which theretofore passed to his premises from the street, the plaintiff can recover complete damages once for all, as for a final and complete destruction pro tar-do of the easement invaded by the act of the defendant, or is confined to a…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
3Cited by27 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Amerman v. . DeaneNew York Court of Appeals · 1892
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
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