Bohm v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal in each of the above-entitled cases from a judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of February' 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. These two cases were argued together as involving the same questions.
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Appeal in each of the above-entitled cases from a judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of February' 1891, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. These two cases were argued together as involving the same questions. The plaintiff Somers was the owner by conveyance to him in March, 1882, of certain premises known as numbers 2271 and 2273 on Second avenue in that city, and between One Hundred and Sixteenth and One Hundred and Seventeenth…
1Opinion of the CourtPeckham, J.
The defendants seek upon these appeals to obtain from this court some decisive statement as to the rule which should obtain in actions like these, in arriving at the amount of damages which should be paid by defendants to abutting lot owners on account of the building and maintenance of defendants’ roads in the city of Hew York. To that end they have waived every other exception in the cases.
There are, it is .said, large numbers of cases in which the decision of the question is of the greatest importance to both parties.
The defendants claim that if the correct rule for the ascertainment of…
2Cases cited5 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- In re Brooklyn Elevated RailroadNew York Supreme Court · 1889
3Cited by106 opinions
- Bauman v. RossSupreme Court of the United States · 1897
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
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