Mooney v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from equity term. An equity action by James Mooney against the New York Elevated Bail-road Company and the Manhattan Bail way Company, to recover damages sustained by reason of their railroad structure in front of plaintiff’s premises, Ho. 399 Greenwich street, in the city of New York, and for an injunction against the maintenance and operation of the road.
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Appeal from equity term. An equity action by James Mooney against the New York Elevated Bail-road Company and the Manhattan Bail way Company, to recover damages sustained by reason of their railroad structure in front of plaintiff’s premises, Ho. 399 Greenwich street, in the city of New York, and for an injunction against the maintenance and operation of the road. The injunction was granted unless defendants paid or tendered $7,000 to plaintiff, and $6,054.22 damages were also awarded to plaintiff. Defendants appeal. For former report, see 8 N. Y. Supp. 956.
1Opinion of the CourtDaly, J.
The judgment should be reversed, and a new trial ordered, because the court allowed damages for a rear building which was not shown to be affected by the operation of the elevated railway, or the maintenance of its structure, and also because the amount for damages and for injury to the fee value was excessive. The plaintiff’s premises are situated on the north-east corner of Greenwich and Beach streets. The lot is 25 feet in width on Greenwich street, and 100 feet in depth on Beach street, and is covered by two buildings, one of which is built in the rear of the lot in Beach street, is 25 by…
2Cited by5 opinions
- Gaines v. City of CalhounCourt of Appeals of Georgia · 1930
- Burde v. City of St. JosephMissouri Court of Appeals · 1908
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894
- Murtha v. Metropolitan El. Ry. Co.New York Court of Common Pleas · 1895
- Wilson v. New York El. R.The Superior Court of the City of New York and Buffalo · 1894