Doyle v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants had a right to require that the court’s determination of the value of the easements should he upon legal evidence, and according to the rules of law. (Carter v. N. Y. E. R. Co., 25 J. & S. 279; S. A. R. Co. v. M. E. R. Co., 56 Hun,…
1Opinion of the CourtEarl, J.
This action was commenced by the plaintiff, an abutting owner upon defendants’ railway, to recover damages to her abutting premises by the maintenance and operation of the railway and to restrain the defendants from maintaining and operating the same. Upon the trial, she gave evidence tending to show the damage to both the rental and fee value of her premises, and the court found the rental damage to be twelve thousand dollars, and the fee damage to be sixteen thousand dollars, and ordered judgment in her favor for the twelve thousand dollars, and an injunction restraining the defendants from…
2Cases cited1 opinion
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
3Cited by18 opinions
- Baltimore Belt Railroad v. SattlerCourt of Appeals of Maryland · 1905
- Hine v. New York Elevated RailroadNew York Court of Appeals · 1896
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
- In re the Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1920
- Jackson v. Shawinigan Electro Products Co.Court of Appeals of Maryland · 1918
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