Clinical Instruction Co. v. New York El. R.
New York Supreme Court
Appeal from special term, New York county. Action by the Clinical Instruction Company, Limited, against the New York Elevated Railroad Company and another. A judgment was rendered in favor of plaintiff, and defendants appeal. Affirmed.
1Opinion of the CourtO’Brieh, J.
The judgment restrains defendants from maintaining and operating their railroad in front of plaintiff’s premises unless they pay the sum of $10,000 for a conveyance and release of plaintiff’s rights and easements acquired by said railroad. Ho *1007past or rental damages were awarded, and, with this circumstance-as a basis, the defendants confidently refer to the Hadden Case, 75 Hun, 63, 26 N. Y. Supp. 995, which followed the Sutro Case in the-court of appeals (33 N. E. 334), as authority for a reversal of the judgment. Those cases hold that “to justify an award of fee damages, when an award of…
2Cases cited1 opinion
- Hadden v. Metropolitan Elevated Railway Co.New York Supreme Court · 1894