Bischoff v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought for an injunction and to recover damages on account of the maintenance and operation by defendants of an elevated railroad in front of plaintiff’s premises on Park Row and Chambers street in the city of Mew York.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 9, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought for an injunction and to recover damages on account of the maintenance and operation by defendants of an elevated railroad in front of plaintiff’s premises on Park Row and Chambers street in the city of Mew York. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Andrews, Ch. J.(1) The trial judge awarded the sum of $3,500 for injury to rental value of the property from April, 1884, to May, 1891, the date of the trial, and $6,000 for fee damages. The claim in behalf of defendants that there Was no evidence to support these findings is not sustained by the record. The plaintiff’s building fronts on Park Bow, Chambers St. and Duane St. At the junction of Park Bow and Chambers St. the defendants directly in front of plaintiff’s building and rising above their tracks and platforms, have constructed a two-story building, with sub-story underneath, used for…
2Cases cited2 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
3Cited by5 opinions
- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- Berry v. New York Municipal Railway Corp.New York Supreme Court · 1920
- Lazarus v. Metropolitan Elevated Railway Co. & Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Malcolm v. New York Elevated RailroadNew York Court of Appeals · 1895
- Seaside & Brooklyn Bridge El. Railway Co. v. South Reformed Dutch ChurchNew York Supreme Court · 1894