Goggin v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the plaintiffs, Matthew M. Goggin and others, and by the defendants, the Manhattan Bailway Company and another, from various parts of a judgment of the Supreme Court, entered in the office of the clerk of the county of blew York on the 9th day of July, 1907, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
Plaintiffs and defendants both appeal from the judgment herein, and most unnecessarily present their appeals upon two distinct, but identical records. The action .is the usual abutter’s action against an elevated railway. The plaintiffs are tenants in common of the premises known as No. 229 West Broadway, in the city of New York. The court below has found that the erection and operation of the railway has resulted in no loss of rental value, but that it has reduced the fee value, and the judgment in favor of the plaintiff Matthew M. Hoggin awards him the customary alternative…
2Cases cited5 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Howell v. . LeavittNew York Court of Appeals · 1884
- Crippen v. . MorssNew York Court of Appeals · 1872
- Eldridge v. Rochester City & Brighton RailroadNew York Supreme Court · 1889
3Cited by3 opinions
- Curry v. Manhattan Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1909
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1910
- Kane v. Sloyer Forman, Inc.City of New York Municipal Court · 1953