Wetterau v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Paniel Wetterau against the Metropolitan Elevated. Railway Company and another. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPatterson, J.
This is one of the ordinary actions against an elevated railway for an injunction and damages. The justice .at special term dismissed the complaint on the merits; the grounds of his determination, as stated in his decision, being that the “plaintiff failed to show that there had been any fee damages to the premises owned by him, and described in the complaint, over and above all benefits received from the defendants by reason of the appropriation by the defendants of the easements of light, air, and access appurtenant to said premises, or that he has sustained, over and above all benefits,…
2Cases cited2 opinions
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Otten v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Martin v. New York El. RailroadAppellate Division of the Supreme Court of the State of New York · 1899