Powers v. Brooklyn Elevated Railroad
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the second judicial department, entered August 8, 1895, reversing a judgment of the Special Term in favor of plaintiff awarding an injunction .or the payment of $5,000 as fee damage, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the late General Term of the Supreme Court in the second judicial department, entered August 8, 1895, reversing a judgment of the Special Term in favor of plaintiff awarding an injunction .or the payment of $5,000 as fee damage, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The propriety of the reversal upon the facts is open for review here; and the reversal will not be sustained unless it appears upon the testimony that the Special Term findings are against the weight of evidence. (Matter of Rogers,…
1Opinion of the CourtBartlett, J.
This is the usual equitable action in elevated railroad cases, brought by an abutting property owner for a permanent injunction, unless his damages are paid.
The learned trial judge found that the plaintiff’s property, located in Brooklyn at the corner of Flatbush avenue and Fifth avenue, and extending back on Pacific and Dean streets, was of the value of $70,000 ; that the railroad of defendants is operated in front of so much of the property as is located ■on Flatbush avenue and Fifth avenue, and turns from Flat-bush avenue into Fifth avenue, so that a portion of the structure is within the…
2Cited by1 opinion
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904