Sixth Avenue Railroad v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action by an abutting owner of property on Sixth avenue in the city of ¡New York to restrain the operation and maintenance by defendants of their road in said street and for damages.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action by an abutting owner of property on Sixth avenue in the city of ¡New York to restrain the operation and maintenance by defendants of their road in said street and for damages. Upon the trial expert witnesses called upon the part of the. plaintiff were permitted to testify under objection and exception as to the value of…
1Opinion of the CourtPeckham, J.
The questions in this case relate solely to the damages to the fee of the property owned by the plaintiff herein.
The court refused to find the fact that the value of the easements taken by the defendants when considered alone was nominal .only, or that the. damage, if any, sustained by the plaintiff was only consequential. In the abstract this was *551error, and we have so held. Whenever it has appeared that the court in awarding damages was guided by an erroneous rule founded upon such refusals, we have always reversed. And if the record left the matter in doubt and erroneous findings or…
2Cases cited1 opinion
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
3Cited by5 opinions
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Saxton v. New York Elevated RailroadNew York Court of Appeals · 1893
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Schmitz v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1906