Legal Opinion

Alger v. New York Elevated Railroad

The Superior Court of the City of New York and Buffalo

Decided October 10, 1891PublishedCited by 1 opinion

Appeal from jury term. Action by Henry C. Alger, as administrator of Daniel S. Alger, against tlie New York Elevated Railroad Company and the Manhattan Railway Company.

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Appeal from jury term. Action by Henry C. Alger, as administrator of Daniel S. Alger, against tlie New York Elevated Railroad Company and the Manhattan Railway Company. The only evidence as to the damages to property sued for was that of the lessee, who testilied in substance that, before the building of defendants’ road in front of the premises, she had sublet the whole of the premises, but that since its construction, and owing to the darkness caused by the superstructure, the noise of operating trains, and the smoke, dust, ashes, and offensive vapors issuing from the locomotives, she could…

1Opinion of the CourtFreedman, J.

The action was brought by the plaintiff as administrator of Daniel Ii. Alger, deceased, to recover damages caused by defendants’ elevated railroad to premises No. 37 Front street, in the city of New York, owned by plaintiff’s intestate in his life-lime. The action was commenced May 14, 1889, and under the pleadings and the evidence given at the trial the plaintiff, upon proper proof of damage caused by the defendants, was entitled to recover damages from May 14, 1883, to the death of Daniel B. Alger, which occurred June 7, 1887. Under the decisions of former cases1 the outstanding lease…

2Cases cited3 opinions

  1. Mortimer v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
  2. Hamilton v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
  3. Jones v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1891

3Cited by1 opinion

  1. Fremont, Elkhorn & Missouri Valley Railroad v. BatesNebraska Supreme Court · 1894

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