Witmark v. New York Elevated Railroad
New York Supreme Court
Appeal from judgment on report of referee. Action by Simon Witmark against the New York Elevated Railroad Company and the Manhattan Railway Company. From a judgment awarding plaintiff $1,754.15 damages for diminished rental value, and an injunction restraining the operation of the railroad unless the defendants pay $1,000 for the injury to plaintiff’s estate by taking and impairing street easements appurtenant to No. 330 Ninth avenue; defendants appeal. Modified.
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Appeal from judgment on report of referee. Action by Simon Witmark against the New York Elevated Railroad Company and the Manhattan Railway Company. From a judgment awarding plaintiff $1,754.15 damages for diminished rental value, and an injunction restraining the operation of the railroad unless the defendants pay $1,000 for the injury to plaintiff’s estate by taking and impairing street easements appurtenant to No. 330 Ninth avenue; defendants appeal. Modified. The New York Hospital now is, and since July 2, 1862, has been, the owner in fee of a tract of land bounded north by West…
1Opinion of the CourtFollett, J.
The defendants insist that the plaintiff’s present estate began May 1, 1881, after the elevated road was in operation, and that he must be deemed to have taken his lease with reference to its existence, and that he is not entitled to injunctive relief for any permanent injury to the easements appurtenant to his estate, nor to damages caused by the operation of the road since that date. On and prior to May 1, 1881, Simon and David Witmark were possessed of an estate for years in Nos. 324 to 330 Ninth avenue, together with the right of renewal for two terms of 21 years each under four leases,…
2Cases cited4 opinions
- Coe v. . HobbyNew York Court of Appeals · 1878
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Abell v. WilliamsNew York Court of Common Pleas · 1869
3Cited by5 opinions
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Bernheimer v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
- Swan v. . InderliedNew York Court of Appeals · 1907
- F & F Restaurant Corp. v. Wells, Goode & Benefit, Ltd.New York Court of Appeals · 1984
- Crimmins v. Metropolitan El. Railway Co.New York Supreme Court · 1895