Nette v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from equity term. Action by Charles Hette against the Hew York Elevated Railroad Company and the Manhattan Railway Company to enjoin the maintenance and operation of an elevated railroad in the street in front of plaintiff’s premises. . From a judgment for plaintiff, awarding an injunction and damages, defendants appeal. Reversed.
1Opinion of the CourtPryor, J.
In order to determine the measure of damages to which plaintiff might be entitled, if to any, defendants requested the learned referee to find, as a conclusion of law, that “in estimating the damages, if any, herein, the benefits accruing to said premises, and peculiar thereto, from the maintenance and operation of said railroad, should be set off against any in- ' convenience resulting from said railway to said premises.” The finding was refused, arid the defendants duly excepted. Here was error. Messenger v. Railway Co., 129 N. Y. 502, 506, 29 N. E. Rep. 955. That the request propounded the…
2Cases cited5 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Messenger v. Manhattan Railway Co.New York Court of Appeals · 1892
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907
- Salt Lake & U. R. v. ButterfieldUtah Supreme Court · 1915