Kiep v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from judgment on report of referees. Action by August N. Kiep against the Metropolitan Elevated Railway Company and another, to recover damages to the fee value of plaintiff’s premises. The conclusion of law and findings of fact by the referees; referred to in the ■opinion, were as follows: “Sixteenth.
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Appeal from judgment on report of referees. Action by August N. Kiep against the Metropolitan Elevated Railway Company and another, to recover damages to the fee value of plaintiff’s premises. The conclusion of law and findings of fact by the referees; referred to in the ■opinion, were as follows: “Sixteenth. The sum fixed, which the defendants may pay in order to" obviate the injunction herein, should not be greater than the sum necessary to compensate plaintiff for the perpetual maintenance of defendants’ elevated railroad structure, and exclusive of the damages caused or to be caused by…
1Opinion of the CourtLawrence, J.
On the argument of this appeal, the appellants’ counsel waived the objection that error had been committed by the referees in awarding damages on account of injuries inliicted upon the premises in suit, for a period of time subsequent to the commencement of the action, and be rested his appeal solely upon the ground that it was error on the part of the referees to grant an injunction against the future running of trains, and to include damages for any injuries incidental thereto, in fixing the sum to be paid as the value of the easement. It is now perfectly well settled that, although an…
2Cited by1 opinion
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