Roberts v. . New York Elevated R.R. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of Hew York, entered May 29, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on' trial at Special Term, and also affirming an order granting extra allowances to certain defendants.
Read the full summary
Appeal from a judgment of the General Term of the Superior Court of the city of Hew York, entered May 29, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on' trial at Special Term, and also affirming an order granting extra allowances to certain defendants. The nature of the action and the facts, so far as material, are stated in the opinion and in the report of a former appeal (128 H. Y. 455). The court erred in finding that the fee and rental values of the plaintiffs’ property have been diminished by defendants’ acts, and that they would have increased…
1Per curiam
This action is the usual one in equity brought by an abutting property owner against the defendants, to restrain the maintenance and operation of the elevated railroad in front of the plaintiffs’ premises on Third avenue, at, and south of, the southeast corner of the avenue and 99th street. The ease was here upon a former appeal by the defendants from a judgment recovered against them, which enjoined them as prayed in the complaint, unless a certain sum was paid as the value of the plaintiffs’ easements in the street. We reversed that judgment and ordered a new trial, solely upon the ground…
2Cases cited4 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- King v. . BarnesNew York Court of Appeals · 1888
- Bookman v. New York Elevated RailroadNew York Court of Appeals · 1895
- Storck v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
3Cited by4 opinions
- Reed v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1907
- Dailey Bros. v. W. A. Clements Co.New York Supreme Court · 1923
- Jensen v. Union Railway Co.New York Court of Appeals · 1932
- Perry v. Mutual Reserve Fund Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1899