Porter v. Metropolitan Elevated 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 Eew York, entered upon an order made May 5,1887, affirming a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently 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 Eew York, entered upon an order made May 5,1887, affirming a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. At the time of the commencement of this action the theory of the courts was that the plaintiff in such an action could recover for the permanent depreciation of his property. (Pond v. M. E. R. Co., 42 Hun, 567; Newman v. M. E. R. Co., 45 id. 590;…
1Opinion of the CourtBeadley, J.
This, action at law was brought to recover damages for injury to the plaintiff’s house and lot, abutting on Amity street in the city of New York, alleged to have been occasioned by the construction and operation of the defend .ant’s elevated railway in and along that street in front of her premises, by which her easements of light, air and access in the street were impaired. (Story v. N. Y. E. R. R. Co., 90 N. Y. 122.)
The plaintiff recovered damages as for permanent injury to the property. This, is said to have been in accordance with the rule in that respect which had been adopted by the…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
3Cited by5 opinions
- Bruhn v. NorrisWashington Supreme Court · 1901
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1901
- Seattle Savings & Loan Ass'n v. King CountyWashington Supreme Court · 1937
- Engelhardt v. City of BrooklynNew York City Court · 1892
- Patterson v. . City of BinghamtonNew York Court of Appeals · 1897