Nutting v. Kings County El. Railroad
New York Supreme Court
Appeal from circuit court, Kings county. Action by Andrew J. Nutting against the Kings County Elevated Railroad Company to recover money alleged to be due to plaintiff from defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtDykman, J.
This action is for the recovery of the sum of $9,000, which it is claimed the defendant agreed to pay the plaintiff for his damages for the construction and operation of its railroad in Fulton street, in the city of Brooklyn, in front of his premises, and for the postponement of an argument in the court of appeals. There is no allegation in the complaint, and no proof in the evidence, of the value of the easement, or of the damage resulting from the construction and operation of the defendant’s railroad. The action is not based upon an impairment of the easements appurtenant to the…
2Cases cited3 opinions
- Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
- Wilson v. Kings County Elevated RailroadNew York Court of Appeals · 1889
- Martin v. . FarnsworthNew York Court of Appeals · 1872
3Cited by7 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of JaffeNew York Surrogate's Court · 1937
- Bosko v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
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