Foster v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New-York on the 12th day of October, 1906, upon the decision of the court rendered after a trial at the New York Trial Term, a jury having been waived.
1Opinion of the Court
Clarke, J.:
This. action was commenced April 30, 1900, to recover damages for diminution of rental value alleged to have been caused by a trespass upon the easements appurtenant to plaintiff’s premises situated at the southeast corner of Park avenue and One Hundred and Eighth street, by reason of various railroad structures erected at different times in front of said property. .The premises are known as Ho. 1475 Park avenue. The lot has a frontage of fifty ■feet on the avenue of the uniform width of twenty-five feet six inches. The building is four-story brick with two stores on the ground…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Loeb v. . WillisNew York Court of Appeals · 1885
- Campbell v. New York & Harlem RailroadNew York Supreme Court · 1901
3Cited by4 opinions
- Bunger v. U. S. Blind Stitch Mach. Corp.District Court, S.D. New York · 1948
- Hochstein v. James W. Hill Co.City of New York Municipal Court · 1915
- Foster v. New York & H. RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- McNeil v. Columbia Engineering Works, Inc.Appellate Terms of the Supreme Court of New York · 1912