Storm v. New York El. Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by George Storm against the New York Elevated Railway Company and others. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
Upon an examination of the evidence in this case, I am of the opinion that the damages awarded were too high. This apartment was built long after the elevated railroad was erected, and long after the effects of its operation upon adjacent property were well known. It is therefore difficult to understand how its operation could have caused any falling of the rents in the apartment. It might well be the cause of an inability to procure as advantageous rents as otherwise would have been obtained, but a situation existing before the erection of the building, the effects of which are well known,…
2Cited by6 opinions
- Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
- Shepard v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Stevens v. StateNew York Court of Claims · 1909
- Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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