Johnson v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from a judgment for the plaintiff which was entered upon the decision of the court. Action by an abutting owner to restrain the maintenance and operation of the defendants’ elevated railroad in the street in front of the plaintiff’s premises; and for damages alleged to have accrued from the loss of rents due to the presence of the railroad.
1Opinion of the CourtBischoff, J.
The judgment is assailed for alleged insufficiency of the evidence to show pecuniary damage to either the fee or rental value of the plaintiff’s premises, and for alleged erroneous rulings on the trial.
The premises affected by the action were owned by the plaintiff since May 1, 1888, and consist of the two four story buildings known as 633 and 635 Third avenue, with the plot of ground upon which they are erected, the plot being forty-nine feet six inches in width, sixty-four feet four inches in depth, and situated in the southeast corner of Third avenue and Forty-first street, in the city of…
2Cases cited3 opinions
- Cook v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Peyser v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1885
- Myers v. Metropolitan El. Ry. Co.New York Court of Common Pleas · 1892