Roberts v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term. This was an action to restrain defendants from maintaining and operating their elevated railroad on Third avenue in front of plaintiff’s premises in the city of Eew York, and to recover damages.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term. This was an action to restrain defendants from maintaining and operating their elevated railroad on Third avenue in front of plaintiff’s premises in the city of Eew York, and to recover damages. The judgment granted the injunction asked, unless defendants pay a sum stated as the value, and upon conveyance of the plaintiffs easements in the street taken…
1Opinion of the CourtPeckham, J.
The principal question in this case is in regard to the admissibility of the opinions of experts in reference to the amount of damages sustained by the plaintiff by reason of injury to his easements of light, air and access to his property in Third Avenue, in the city of New York, caused by the building and operation of the defendants’ railroad. As the question is one of considerable importance and arises in each one of this class of cases, and as the number of such cases tried and to be tried is as we understand very large, a critical examination of the question is called for. It will be…
2Cases cited13 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Norman v. WellsNew York Supreme Court · 1837
- Clark v. . BairdNew York Court of Appeals · 1853
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Marcly v. . ShultsNew York Court of Appeals · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- New York City v. PineSupreme Court of the United States · 1902
- Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
- Blum v. Manhattan RailwayNew York Court of Common Pleas · 1892
- Mead v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Chappel v. FosterSupreme Court of Kansas · 1912
1 more not listed; retrieve them via the Exa API.