In re Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by James H. Hart from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of September, 1903, confirming the report of commissioners theretofore appointed in the above-entitled condemnation proceedings awarding nominal damages to the appellant.
1Opinion of the Court
Miller, J.:
This is an appeal from an order confirming the report of commissioners awarding nominal damages to the appellant in condemnation proceedings. So fat as the easements of light, air and access are concerned, the matter was fully litigated before the commissioners in respect to the relative injury and benefit to the appellant’s property from the use of the street by the plaintiff. The appellant’s property is located at the corner of Broadway and Grates avenue; the buildings thereon, used for stores and flats, were erected subsequent to the construction of the elevated railway, which…
2Cases cited3 opinions
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Parish v. . BairdNew York Court of Appeals · 1899
- In re New York Elevated RailroadNew York Supreme Court · 1890
3Cited by9 opinions
- In re County of WestchesterNew York Supreme Court · 1953
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Portland v. TigardOregon Supreme Court · 1913
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
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