Sperb v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by William Sperb, Jr., against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, for damages resulting to his premises from the operation of an elevated railway in front thereof, and for an injunction against such operation. Judgment for plaintiff. Defendants appeal.
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Appeal from judgment on report of referee. Action by William Sperb, Jr., against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, for damages resulting to his premises from the operation of an elevated railway in front thereof, and for an injunction against such operation. Judgment for plaintiff. Defendants appeal. The judgment awards plaintiff $1,457 past damages sustained by him on account of the maintenance and operation of defendant’s elevated railroad in front of his premises, FTo. 926 Sixth avenue, besides $280.18, costs of the action. The judgment further…
1Opinion of the Court
Gildersleeve, J..
We will first consider the judgment herein so far as it relates to the premises Fío. 624 Sixth avenue. The evidence does not support the finding of a fee damage of $800. This action was commenced May 8, 1889. From the undisputed evidence it appears that the plaintiff bought the property on September 1, 1885, seven years after the railroad was built, for $32,000; that it was occupied by an old building, worth about $6,000, which plaintiff pulled down; that plaintiff erected in place thereof a new building, *470at a cost of about $15,000; that the fair value of the property when…
2Cases cited1 opinion
- Hamilton v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
3Cited by1 opinion
- Rich v. Manhattan Ry. Co.New York Court of Common Pleas · 1892