Jordan v. Metropolitan Elevated Railway Co.
The Superior Court of New York City
Appeal by defendants from a judgment entered on the report of a referee awarding an injunction, to be obviated upon payment of the sum fixed as compensation for property rights taken, and directing judgment for incidental rental damages.
1Opinion of the Court
By the Court.—Dugro, J.
This is an appeal from a judgment in favor of the plaintiff for past damages, and an injunction with alternative relief.
Assuming the appellants’ point to be in the case, the main question in this appeal is presented by their claim that an error was committed by the learned trial judge in including as a part of the subjects to be compensated for by the amount which was fixed as the fee damage, the future passage of the trains, with the dust, cinders, steam, smoke or odors incidental to the operation of trains in the future upon the structure of the defendants.
The…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891