Baumann v. City of New York
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Christopher Baumann, and by the defendant, The City of New York, from a judgment of the Supreme Court, partly in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of December, 1916, upon the decision of the court after a trial at the Queens County Special Term.
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Cross-appeals by the plaintiff, Christopher Baumann, and by the defendant, The City of New York, from a judgment of the Supreme Court, partly in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of December, 1916, upon the decision of the court after a trial at the Queens County Special Term. The defendant appeals from the whole of said judgment, while the plaintiff appeals from it only in so far as it fails to award him the full amount of damages claimed. The action was brought to restrain the operation of pumping stations by the defendant,…
1Opinion of the Court
Blackmar, J.:
The court awarded to the plaintiff $200 per acre per year for four acres of land for seven years, and the defendant *500claims that there was no evidence justifying the award. Such evidence as is usually available in cases of the kind was presented. In the nature of things there is no mathematical method of determining the amount of damages in a case like this; it is solely a question of the judgment of the tribunal which tried the case. That tribunal was the court at Special Term; and for this court to interfere with his decision would be to substitute our judgment for his. This is…
2Cases cited7 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Burns v. . BryantNew York Court of Appeals · 1865
- Oakley v. AspinwallNew York Court of Appeals · 1851
- Sposato v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by2 opinions
- Schwenger v. GaitherCalifornia Court of Appeal · 1948
- Maffetone v. MicariCity of New York Municipal Court · 1954