Courtney v. New York El. R.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by John Courtney against the New York Elevated Railroad Company and another. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
The action was brought by the owner of the premises 322 East Thirty-Fourth street, between First and Second avenues, in the city of New York, to enjoin the operation of the defendants’ elevated railroad, which extends along said street from Third avenue to the ferry on the East river, a distance of about *933three blocks, and for the recovery of past damages arising from a loss of rents alleged to have been occasioned by the presence of the railroad. The judgment for the plaintiff is assailed for alleged insufficiency of the evidence to show substantial pecuniary damage as a result of the…
2Cases cited2 opinions
- Turner v. . KouwenhovenNew York Court of Appeals · 1885
- Ocean Nat. Bank of N.Y. City v. . CarllNew York Court of Appeals · 1874