Bookman v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made December 30, 1891, which affirmed a judgment in favor of plaintiff entered ujion a decision of the court on trial at Special Term. This was an action by an abutting owner of property on Third avenue in the city of Rew York, to restrain the operation and maintenance by defendants of their road in said street and for damages.
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Appeal from judgment of the General Term of the Superior Court of the city of Rew York, entered upon an order made December 30, 1891, which affirmed a judgment in favor of plaintiff entered ujion a decision of the court on trial at Special Term. This was an action by an abutting owner of property on Third avenue in the city of Rew York, to restrain the operation and maintenance by defendants of their road in said street and for damages. The facts, so far as material, are stated in the opinion. The judgment was rendered upon the theory that all benefits were to be excluded from consideration,…
1Opinion of the CourtEarl, J.
The plaintiff was at and before the commencement of this action the owner of lots Ho. 261, 1028, 1240, 1242, 1244, 1246, 1248 and 1255 in Third avenue in the city of Hew York. The defendants’ elevated railroad was constructed and is maintained and operated through that avenue. The plaintiff commenced this action against them and prayed for the relief usual in this class of actions.
The court upon the trial found the rental damages to the lots to be $17,500, and the fee damages $22,000. Host of these lots were situated in the neighborhood of Seventy-seventh street, several miles from the…
2Cases cited1 opinion
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
3Cited by1 opinion
- Schmitz v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1906