Martin v. Manhattan Ry. Co.
New York Supreme Court
Appeal from special term, New York county. Action by Benajah M. Martin against the Manhattan Railway Company and another to recover damages for injuries to property. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtAndrews, J.
The rental damages allowed in this action were $2,651.59, and the fee damage was fixed at $5,500. We think there was an error in fixing the rental damages which requires a reversal of the judgment. The action was commenced on September 17, 1889, and rental damages could be recovered in this action for a period of six years only, immediately prior to that date. Cornell v. Railway Cos., (Sup.) 13 N. Y. Supp. 511; Hamilton v. Railroad Co., (Super. N. Y.) 9 N. Y. Supp. 313; Kearney v. Railway Co., 14 N. Y. St. Rep. 854. Such rental damages were allowed from March 19, 1883, the date when the…
2Cases cited4 opinions
- Tallman v. Metropolitan Elevated R. Co.New York Court of Appeals · 1890
- Hamilton v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
- Cornell v. New York Elevated RailroadNew York Supreme Court · 1891
- Ottinger v. New York El. R.New York Supreme Court · 1891
3Cited by1 opinion
- Adams v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1895