Kahn v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action Tby Herman Kahn against the Hew York Elevated Railroad Company and another. Prom a judgment in favor of plaintiff, defendants appeal. The action was to restrain the operation and maintenance of a branch of the elevated railroad running in front of plaintiff’s premises, Ho. 306 East Thirty-Fourth street, between First and Second avenues, in the city of Hew York, and for damages.
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Appeal from judgment on report of referee. Action Tby Herman Kahn against the Hew York Elevated Railroad Company and another. Prom a judgment in favor of plaintiff, defendants appeal. The action was to restrain the operation and maintenance of a branch of the elevated railroad running in front of plaintiff’s premises, Ho. 306 East Thirty-Fourth street, between First and Second avenues, in the city of Hew York, and for damages. The judgment granted the relief prayed for, unless within 90 days the defendants paid $2,500, assessed as damages to the fee value of the premises caused by the…
1Opinion of the CourtDaly, C. J.
The referee was requested by the defendants to find as a fact that the easements pertaining to the plaintiff’s lands taken for the uses of the railway, aside from any damage to the land from the said taking, have in themselves only a nominal value. This was refused, and the defendants excepted. It was error to refuse to find, as requested, as fact, and the error requires the reversal of the judgment. Bookman v. Railway Co., (N. Y. App.) 33 N. E. Rep. 333; Sutro v. Railway Co., Id. 334. The respondent’s contention that the refusal to find as requested is immaterial has been discussed in the…
2Cases cited1 opinion
- Cook v. New York Elevated RailroadNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Fremont, Elkhorn & Missouri Valley Railroad v. BatesNebraska Supreme Court · 1894
- Kahn v. New York Elevated RailroadNew York Court of Common Pleas · 1894