Rasch v. . Nassau Electric Railroad Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 2, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 2, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The principle is established that when land is taken for the construction of a railroad without the consent of the owner, said owner is entitled also to recover for any depreciation caused by the use to which it is appropriated. (Palmer v. L. E. Co., 158 N. Y. 231; Story v.…
1Opinion of the Court
Cullen, Ch. J.
The action is brought in equity by the owner, of a residence on Union street in the borough of Brooklyn, who also owns the fee in the adjacent street, to recover rental and fee damages for the construction and operation of a trolley railroad in front of his house. There is no question as to the liability of the' appellants, but it is complained that improper elements of injury were considered in estimating the plaintiff’s damages. The trial court, as appears by its findings, awarded damages not only for the injury to the plaintiff’s easements of light, air and access, but also…
2Cases cited9 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Kurtz v. Southern Pacific Co.Oregon Supreme Court · 1916
- Mayne v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Coatsworth v. Lehigh Valley Railway Co.New York Supreme Court · 1911
- Berry v. New York Municipal Railway Corp.New York Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.