Dode v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, Hew York county. Action by Dirck Dode against the Manhattan Railway Company and the Hew York Elevated Railroad Company to restrain the operation and maintenance of defendants’ elevated railroad in front of plaintiff’s property known as “Ho. 549 Third Avenue,” and for rental damages.
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Appeal from special term, Hew York county. Action by Dirck Dode against the Manhattan Railway Company and the Hew York Elevated Railroad Company to restrain the operation and maintenance of defendants’ elevated railroad in front of plaintiff’s property known as “Ho. 549 Third Avenue,” and for rental damages. From an order granting plaintiff an extra allowance of $56, and from an order denying defendants’ motion to resettle the order granting the extra allowance, defendants appeal.
1Per curiam
This action was brought to recover the damages sustained by an abutting owner occasioned by the construction and operation of the defendants’ railroad in one of the streets of this city. It was tried before a referee, who found that the damages sustained by the plaintiff by the operation of the road from the time it was built to the date of the trial of the action were $336.76, and that the injury sustained by the plaintiff by the taking of the easements—usually termed “fee damages”—amounted to $800. The plaintiff moved for an additional allowance, and 5 per cent, was granted. The defendants…
2Cited by3 opinions
- Hine v. LaustererNew York Supreme Court · 1930
- Roberts v. New York El. RailroadThe Superior Court of the City of New York and Buffalo · 1895
- Roberts v. New York Elevated Railway Co.The Superior Court of New York City · 1895