Mooney v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Rosanna Mooney against the New York Elevated Railroad Company and another. From a judgment in favor of plaintiff, defendants appeal. Reversed. The action was to restrain the operation and maintenance of a branch of the elevated railroad running in front of plaintiff’s premises, No. 310 East Thirty-Fourth street, between First and Second avenues, in the city of New York, and for damages.
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Appeal from judgment on report of referee. Action by Rosanna Mooney against the New York Elevated Railroad Company and another. From a judgment in favor of plaintiff, defendants appeal. Reversed. The action was to restrain the operation and maintenance of a branch of the elevated railroad running in front of plaintiff’s premises, No. 310 East Thirty-Fourth street, between First and Second avenues, in the city of New York, and for damages. The judgment granted the relief prayed for, unless the defendant, -within 90 days, paid plaintiff $2,500, assessed as damages to the fee value of the…
1Opinion of the Court
DALY, O. J.
The judgment will have to be reversed for error in the refusal of the referee to find, as fact, that the easements pertaining to the plaintiff’s land, taken for the uses of the railroad, aside from any damage to the land from the said taking, have in themselves only a nominal value. Bookman v. Railroad Co., (N. Y. App.) 33 N. E. Rep. 333; Sutro v. Railway Co., Id. 334. The exception to this finding has been discussed in the Gases of Cook (22 N. Y. Supp. 790,) and Kahn (Id. 793,) against the same defendants, herewith decided. The observations which we have made in the Kahn Case,…
2Cases cited1 opinion
- Cook v. New York Elevated RailroadNew York Court of Common Pleas · 1893